Kewal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1796 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== 1.

Kewal Yadav son of Sugalal Yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa 2.

Rohit Kumar @ Rohan Yadav @ Raushan Yadav son of Sugalal Yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa 3.

Ghanshyam Yadav Son of Sugalal Yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa 4.

Jawahar Yadav son of Late Dahu yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa 5.

Ranjit Yadav son of Bhumi Yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa 6.

Ashok Yadav @ Rakesh Yadav son of Manohar Yadav R/o Village- Dhab, PS -Bakhiyarpur, Distt- Saharsa ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Manchan Devi Wife of Sulen Paswan village- Rampur, ward no. 13, PsSaur Bazar, Po- Saur Bazar (SO), Dist- Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. S.M. Ashraf, Sr. Adv Mr.Rana Hason, Adv For the Respondent/s :

Ms.Usha Kumari 1, Spl. PP Mr. Upendra Kumar Singh, Adv Ms. Seema Ghazala, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025 1.

Heard learned senior counsel for the appellants, Shri S.M. Ashraf, learned Spl. P.P. for the State, Ms Usha Kumari No. 1 and the learned counsel appearing on behalf of the respondent No. 2, Ms. Seema Ghazala.

2.

Learned senior counsel for the appellants, at the outset, seeks permission to withdraw the appeal with respect to appellant No. 4, Jawahar Yadav, who was arrested during

Patna High Court CR. APP (SJ) No.1796 of 2025(3) dt.17-09-2025 2/3 pendency of the instant appeal.

3.

Permission is accorded.

4.

Accordingly, the appeal is dismissed as withdrawn with respect to appellant No. 4, Jawahar Yadav. 5.

This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 2-4-2025 in A.B.P. No. 939 of 2024 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Saharsa in connection with Bakhtiyarpur P.S. Case No. 376 of 2024 registered for the offences punishable under Sections 126(2), 115, 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita as well as Section 3(i)(r)(s) of the SC/ST Act.

6.

Learned senior counsel for the appellants submits that from perusal of the allegation as alleged in the FIR, prima facie, it would manifest that no offence under the SC/ST Act is made out and allegation of assault is not specific against the appellants rather allegation of assault is specific against Sugalal Yadav. It is also submitted that parties have compromised and the respondent No. 2 does not intend to pursue the case any further. 7.

The learned counsel appearing on behalf of the respondent No. 2 submits that she has instructions not to oppose

Patna High Court CR. APP (SJ) No.1796 of 2025(3) dt.17-09-2025 3/3 the appeal as parties have compromised, on which the learned senior counsel appearing on behalf of the appellants submits that no useful purpose would be served by sending the appellants to jail when the respondent No. 2 does not intend to pursue the case any further.

8.

Considering the submission made by respondent No. 2, let the appellants above-named, in the event of their arrest or surrender before the learned trial trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS.

9.

Accordingly, the impugned order is set aside and the appeal stands allowed.

(Satyavrat Verma, J) Sumit/- U T