Manish Kumar Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3368 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== MANISH KUMAR YADAV @ MANISH KUMAR Son of Manoj Yadav Resident of Village- Khunt, Ward No.-10, P.S.- Jankinagar, District- Purnia ... ... Appellant/s

Versus

1.

The State of Bihar 2.

SANJAY KUMAR RAM @ SANJAY RAM Son of Late Baleshwar Ram Resident of Village- Kunut Hatiya Tola, P.S.- Jankinagar, District- Purnea ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shambhu Sharan Singh, Advocate For the Respondent No. 2 :

Mr. Kamlesh Kumar Pathak, Advocate Ms. Suman Kumari, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2026 Heard learned counsel for the appellant and learned counsel for the respondent no. 2 as well as learned Special P.P. for of the State.

2. This appeal has been filed against the order dated 06.09.2022 passed by learned Special Judge, SC/ST Act, Purnia in connection with Jankinagar P.S. Case No. 124 of 2022, registered under Sections 341, 323, 504, 354 and 34 of the IPC and Sections 3(i)(r)(w)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "SC/ST Act"), whereby the prayer for anticipatory bail of appellant has been rejected.

3. As per prosecution case, it is alleged that all the accused persons including this appellant forcibly cut 50 bamboos

Patna High Court CR. APP (SJ) No.3368 of 2022(6) dt.29-01-2026 2/2 and committed mar-pit with the informant and issued death threat. It is further alleged that informant was also abused by caste name.

4. Learned counsel for the appellant submits that there is general and omnibus allegation levelled against the appellant. No specific allegation of overt act has been attributed to the appellant. Injuries are simple. As per FIR the alleged incidence did not take place within the public view as such, no offence under Section SC/ST Act is made out against this appellant.

5. Learned Spl. Public Prosecutor for the State opposed the appeal of the appellant.

6. However, considering the aforesaid facts and circumstances and clean antecedent, the impugned order dated 06.09.2022 is, hereby, set aside and this criminal appeal is allowed.

7. Let the appellant, as named above, be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Purnia, in connection with Jankinagar P.S. Case No. 124 of 2022.

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