Shivnandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.117 of 2025 Arising Out of PS. Case No.-22 Year-2024 Thana- DHANGAI District- Gaya ====================================================== 1.

Shivnandan Yadav Son of Kailu Yadav Resident of Village - Rebda, P.S.- Dhangai, District -Gaya 2.

Dinesh Kumar Son of Mangan Yadav @ Chhatradhari Yadav Resident of Village - Rebda, P.S.- Dhangai, District -Gaya ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Kaushal Kumar Son of Sanjay Paswan Resident of Village - Rebda, P.S.- Dhangai, District -Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Sharma For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025 1.

Heard learned counsel for the appellants and learned Spl. P.P. for the State.

2.

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 regular bail vide order dated 2511-2024 passed by the learned Exclusive Special Judge, S.C./S.T. (POA) Act, Gaya in connection with Dhangai P.S. Case No. 22 of 2024 registered for the offences punishable under Sections 147, 148, 149, 325, 307, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3(1)(r)(s), 3(2)(va) of the SC/ST Act.

3.

Learned counsel for the appellants submits that the

Patna High Court CR. APP (SJ) No.117 of 2025(2) dt.05-03-2025 2/3 appellant no. 1 is a person with clean antecedent and appellant No. 2 has antecedent of one case and are in custody since 13-92024 and the informant alleges that he along with his family members, namely, Sukhwindar, Satyendra and Vikash had gone to attend Sharadh ceremony at the house of Ramvilash Manjhi on 7-2-2024 at 7 PM, further at 7:30 PM, when the informant was returning to the venue after attending the call of nature, when he was intercepted by Sanjay, Kalu, Pawan, Magan, Shivnandan (appellant No. 1) and Dinesh (appellant No. 2), the accused persons started abusing him and assaulted him by rod, lathi, sword etc.

causing injury on his head and even his left leg fractured, when Sukhwinder came to save him, accused Umesh, Tarkeshwar, Shiboo, Mantu, Munna, Dinesh, Bimal, Geeta and Rukhi Devi, came armed with iron rod, thereafter Dinesh and Mantu fired in the air, further Sanjay, Umesh, Shiboo, Munna, Shivnandan, Bimal, Geeta and Rukhi, carrying weapons as alleged in the FIR, assaulted Sukhwinder, Satyendra and Vikash causing injury on head of Satyendra and Sukhwinder; and Vikash suffered internal injury, thereafter police were informed and injured were taken to the hospital.

4.

The learned counsel appearing on behalf of the appellants submits that the appellants have been falsely implicated in the instant case. It is next submitted that from

Patna High Court CR. APP (SJ) No.117 of 2025(2) dt.05-03-2025 3/3 perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault is general and omnibus in nature. It is next submitted that Dhangi PS Case No. 24 of 2024 was instituted from the side of the appellants against the informant and his side, further the date of occurrence is 7-2-2024 and fardbayan was recorded on 16-2-2024 in the hospital. It is next submitted that it is not possible to allege with certainty that who was carrying what weapon and who assaulted whom. 5.

Learned Spl. P.P. for the State opposes the prayer for bail of the appellants.

6.

Regard being had to the aforesaid submissions, the order dated 25-11-2024 is set-aside.

7.

The appeal stands allowed.

8.

The appellants, above-named, are directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each 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 Dhangai P.S. Case No. 22 of 2024 (Satyavrat Verma, J) SUMIT/- U T