Hari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1696 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- SC/ST District- Madhubani ====================================================== 1.
Hari Yadav S/o Gauri Shankar Yadav R/o Village- Khajauli, P.S.- Khajauli, District- Madhubani 2.
Manish Kumar Yadav S/o Bhola Yadav R/o Village- Khajauli, P.S.- Khajauli, District- Madhubani 3.
Indal Yadav S/o Brijmohan Yadav R/o Village- Khajauli, P.S.- Khajauli, District- Madhubani 4.
Manoj Yadav S/o Late Rajdev Yadav R/o Village- Khajauli, P.S.- Khajauli, District- Madhubani 5.
Govind Kumar Yadav S/o Manoj Yadav R/o Village- Khajauli, P.S.- Khajauli, District- Madhubani ... ... Appellants
Versus
1.
The State of Bihar 2.
Ashok Kumar Ram Modhri Ram vill- Khajauli, ps.s- khajauli ... ... Respondents ====================================================== Appearance :
For the Appellants :
Mr. Kumari Pallavi, Advocate For the State :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor.
2.
This appeal is preferred against the order dated 07.04.2025 passed by the learned Additional Sessions Judge, 1st, -cum- Special Judge, S.C./S.T., Madhubani, in connection with Madhubani S.C./S.T. P.S. Case No.10 of 2025 registered for the offence under sections 191(2), 191(3), 115(2), 126, 117, 303(2), 76, 329(3), 352, 351(2) of the B.N.S., 2023
Patna High Court CR. APP (SJ) No.1696 of 2025(3) dt.25-11-2025 2/3 and under sections 3(1)(r)(s)(w)(i), 3(2)(va) of the S.C./S.T. Act, by which the prayer of the appellants for grant of anticipatory bail has been rejected.
3.
The appellants are said to have entered into the house of the informant and abused him by saying his caste name and thereafter assaulted the informant and his family members 4.
Learned counsel for the appellants submits that the appellants have clean antecedent and both the parties are co-villagers. He further submits that the there is an unexplained delay of about 23 days in lodging the F.I.R.
5.
Learned Special Public Prosecutor for the State has opposed the prayer of the appellant for grant of bail. 6.
I have considered the submissions of the parties.
7.
Considering the fact that both the parties are co-villagers and there is an unexplained delay in lodging the F.I.R., this appeal is allowed. Accordingly, the impugned order dated 07.04.2025 is set aside.
8.
Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. APP (SJ) No.1696 of 2025(3) dt.25-11-2025 3/3 each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st -cum- Special Judge, S.C./S.T. Act, Madhubani / concerned Court, in connection with Madhubani S.C./S.T. P.S. Cacse No. 10 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J) pawan/- U T