Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3799 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== 1.

Sanjay Yadav S/O- Late Umesh Yadav Village- Newtapur Ps- Bodh Gaya Dist- Gaya 2.

Amit Yadav son of Sanjay Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 3.

Chhotu Yadav son of Late Krishna Yadav Village- Newtapur Ps- Bodh Gaya Dist- Gaya 4.

Rohit Yadav son of Suresh Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 5.

Nitish Kumar son of Manoj Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 6.

Bitu Yadav son of Ashok Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 7.

Sagar Yadav son of Murari Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 8.

Birendra Yadav Son Of Rampravesh Yadav Village- Newtapur Ps- Bodh Gaya Dist- Gaya 9.

Deepak Yadav Son Of Jagdish Yadav Village- Newtapur Ps- Bodh Gaya Dist- Gaya 10.

Tapu Yadav Son Of Late Jalil Yadav Village- Newtapur Ps- Bodh Gaya DistGaya 11.

Ashok Pandey Son Of Late Rajendra Pandey Village- Newtapur Ps- Bodh Gaya Dist- Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rajdev Manjhi son of Late Husain Manjhi Village- Newatapur PsBodhgaya Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vijay Kumar, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2.

Patna High Court CR. APP (SJ) No.3799 of 2023(5) dt.19-03-2026 2/3

2. Heard learned counsel for the appellants and the State.

3. This appeal has been filed against the order dated 14.07.2023 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 209 of 2023 arising out of Bodhgaya P.S. Case No. 639 of 2022 registered under Sections 147, 148, 341, 323, 354, 308, 506 of the Indian Penal Code and Section 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.

4. As per F.I.R., these appellants assaulted and abused the informant by caste name and and when wife of the informant came to save him, co-accused Amar Yadav assaulted her.

5. Learned counsel for the appellants submits that specific accusation of assault is against co-accused Amar Yadav. Allegation of assault against appellants is general and omnibus and there is no allegation of any specific overt act against them. Though these appellants are alleged to have assaulted the informant but there is no injury report on record to substantiate the allegations. It is not the case of informant that alleged incident occurred within public view and as such, no case under

Patna High Court CR. APP (SJ) No.3799 of 2023(5) dt.19-03-2026 3/3 SC/ST Act is made out against the appellants. Appellants claim clean antecedent.

6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application.

7. Considering the aforesaid facts, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 209 of 2023 arising out of Bodhgaya P.S. Case No. 639 of 2022.

8. Accordingly, this criminal appeal is allowed and impugned order dated 14.07.2023 is set aside with respect to these appellants only.

(Prabhat Kumar Singh, J) Navya/- U T