Patna High Court
CR. APP (SJ)/2476/2025 of Anil Yadav Vs The State of Bihar on 13 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2476 of 2025 Arising Out of PS. Case No.-170 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Anil Yadav S/o- Grahan Yadav Village- Bakharia PS- Majahulia District- West Champaran 2.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2476 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
1.
Anil Yadav S/o- Grahan Yadav Village- Bakharia PS- Majahulia District- West Champaran
2.
Virbahadur Yadav @ Birbahadur Yadav S/o- Grahan Yadav Village- Bakharia PS- Majahulia District- West Champaran
3.
Lazmina Devi @ Lakshmina Devi @ Laxmina Devi W/o- Jhunjhun Yadav Village- Bakharia PS- Majahulia District- West Champaran
4.
Indu Devi W/o- Anil Yadav Village- Bakharia PS- Majahulia District- West Champaran
5.
Koshila Devi W/o- Yadolal Yadav @ Jadolal Yadav Village- Bakharia PS- Majahulia District- West Champaran
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Surendra Paswan S/o- Late Sita Ram Paswan R/o- W.NO- 10, Bakharia PS- Majahulia District- West Champaran
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr.Umesh Kumar Gupta
For the Respondent/s
:
Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
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ORAL ORDER
13-08-2026 Heard learned counsel for the appellants and learned Special P.P. for of the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2.
2. This appeal has been filed against an order, passed by learned ADJ 1st cum Special Judge, SC/ST Act, Bettiah in Majhaulia P.S. Case No. 170/2025 for the offences registered under Sections 329(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352, 3(5) of the BNS, 2023 and Sections 3(1)(r)(s), Patna High Court CR. APP (SJ) No.2476 of 2025(3) dt.13-08-2026
3(2)va) of the SC/ST (POA) Act, 1989, whereby the prayer for anticipatory bail of appellants has been rejected.
3. The allegation against appellants is that they along with other co-accused persons, variously armed, due to previous dispute, abused grand son of informant and thereafter, assaulted informant and his family members with intention to kill.
4. Learned counsel for the appellants submits that both parties are co-villagers and due to petty dispute, alleged occurrence took place, in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State opposes the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order is, hereby, set aside and this appeal is allowed.
7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten Patna High Court CR. APP (SJ) No.2476 of 2025(3) dt.13-08-2026
thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ 1st cum Special Judge, SC/ST Act, Bettiah (West Champaran) in connection with Majhaulia P.S. Case No. 170 of 2025.
anay (Prabhat Kumar Singh, J) U T