Patna High Court
CR. APP (SJ)/275/2026 of Dhananjay Prasad @ Dhananjay Yadav Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.275 of 2026 Arising Out of PS. Case No.-41 Year-2025 Thana- SC/ST District- Patna ====================================================== 1. Dhananjay Prasad @ Dhananjay Yadav son of Late Ramji Prasad Yadav Resident of Village- Vishunpur Pakari
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.275 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- SC/ST District- Patna
======================================================
1.
Dhananjay Prasad @ Dhananjay Yadav son of Late Ramji Prasad Yadav Resident of Village- Vishunpur Pakari PS -Beur Dist -Patna
2.
Smita Devi Wife of Dhananjay Prasad @ Dhananjay Yadav Resident of Village- Vishunpur Pakari PS -Beur Dist -Patna
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Sosam Devi Manoj Das R/V-Bisunpur Pakri 70 feet, P.S.-Beur, Dist-Patna.
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr. Narendra Kumar, Advocate
Mr. Prakash Ranjan Sinha, Advocate
Mr. Akash Ambuj, Advocate
Ms. Anushka Kumari, Advocate
Mr. Siddharth Shankar Singh, Advocate
For the Respondent/s
:
Mr. Sadanand Paswan, Special P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
1. Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant.
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 anticipatory bail vide order dated 15.11.2025 in A.B.P. No. 4461 of 2025 passed by the learned Exclusive Special Judge, SC/ST Act, Patna in connection with SC/ST (Patna) P.S. Case No. 41 of 2025 registered under Sections 126(2), 115(2), 74, 352, 351(2), Patna High Court CR. APP (SJ) No.275 of 2026(4) dt.17-08-2026
351(3) and 3(5) of the BNS as well as Sections 3(i)(r)(s)(w) and 3/2(va) of the SC/ST Act.
3. Learned counsel appearing on behalf of the appellants submits that appellants are persons with clean antecedent and appellant no. 2 is a woman and the informant alleges that on 29.04.2025 at around 05:00 p.m., the accused persons including the appellants stared abusing her by taking caste name and also assaulted with leg and fists and even torn her clothes and when the nearby people gathered she was saved.
4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is further submitted that both appellants and the informant are neighbours and they are having dispute regarding filling of water for which an altercation took place in which both sides assaulted each other. It is next submitted that appellants are not criminals.
5. Learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the appellants.
6. Considering the submissions made by the learned counsel appearing on behalf of the appellants, let the appellants, above-named, in the event of their arrest or surrender within a Patna High Court CR. APP (SJ) No.275 of 2026(4) dt.17-08-2026
period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds 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 in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. Accordingly, the impugned order is set aside and this appeal stands allowed.
Kundan/- (Satyavrat Verma, J) U T