Patna High Court
CR. APP (SJ)/2562/2025 of Kaushal Yadav Vs The State of Bihar on 27 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2562 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- SC/ST District- Nawada ====================================================== 1. Kaushal Yadav S/o Niru Yadav R/o Vill - Kathwan, P.S - Govindpur, Dist - Nawada 2. Rahul Kumar S/o
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2562 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- SC/ST District- Nawada
======================================================
1.
Kaushal Yadav S/o Niru Yadav R/o Vill - Kathwan, P.S - Govindpur, Dist - Nawada
2.
Rahul Kumar S/o Dhaneshwar Yadav @ Sallu Yadav R/o Vill - Kathwan, P.S
- Govindpur, Dist - Nawada
3.
Nitish Kumar S/o Surendra Manjhi R/o Vill - Kathwan, P.S - Govindpur, Dist - Nawada
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Malti Devi W/o Kapil Dev Ram R/o Vill - Kataiya, P.S - Roh, Dist - Nawada
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr. Birendra Kumar, Advocate
For the Respondent/s
:
Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
27-07-2026
1. Heard learned counsel for the appellants and learned Special Public Prosecutor 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 anticipatory bail vide order dated 25.04.2025 in A.B.P. No. 1057 of 2025 passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Nawada in connection with Nawada SC/ST P.S. Case No. 01 of 2025 registered under Sections 126(2), 127(2), 351(2), 351(3), 352, 303(1) and 3(5) of the BNS as well as Sections 3(i)(r)(s)(w) and 3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.2562 of 2025(4) dt.27-07-2026
3. Learned counsel appearing on behalf of the appellants submits that notice has been received by the informant. It is further submitted that appellants are persons with clean antecedent and the informant alleges that she runs a shop and, on 28.12.2024, appellants came to her shop and vandalized the same and took away articles kept in the shop. On information, the informant reached the place of occurrence and saw the accused fleeing and they threatened not to institute an FIR.
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 from perusal of the allegation as alleged in the FIR, it would manifest that informant is not an eyewitness to the occurrence and there is no allegation of abuse. It is next submitted that on account of existing dispute, a false case came to be instituted with general and omnibus allegation and this perhaps explains why the informant, despite receiving the notice, chooses not to appear and contest.
5. Learned Special Public Prosecutor for the State opposes the prayer for anticipatory bail of the appellants.
6. Considering the submissions made by the learned Patna High Court CR. APP (SJ) No.2562 of 2025(4) dt.27-07-2026
counsel appearing on behalf of the appellants, let the appellants, above-named, in the event of their arrest or surrender within a 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