Patna High Court
CR. APP (SJ)/795/2026 of Rajkumar Yadav Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.795 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- SC/ST District- Nawada ====================================================== 1. Rajkumar Yadav S/O Late Prasadi Yadav R/O Village - Dalelpur, Beldari, P.s.- Nardiganj , District -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.795 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- SC/ST District- Nawada
======================================================
1.
Rajkumar Yadav S/O Late Prasadi Yadav R/O Village - Dalelpur, Beldari, P.s.- Nardiganj , District - Nawada
2.
Ajay Yadav @ Ajay Kumar S/O Rajkumar Yadav R/O Village - Dalelpur, Beldari, P.s.- Nardiganj , District - Nawada
3.
Ranjay Yadav @ Ranjay Kumar S/O Chunnu Yadav @ Mithilesh Yadav @
Chunnu Prasad Yadav R/O Vill.- Sri Rampur, P.s.- Hisua, Dist.- Nawada.
4.
Raju Yadav @ Raju Kumar S/O Chunnu Yadav @ Mithilesh Yadav @
Chunnu Prasad Yadav R/O Vill.- Sri Rampur, P.s.- Hisua, Dist.- Nawada.
... ... Appellant/s
Versus
1.
The State of Bihar
2.
Preeti Kumari D/O Kishore Rajbansi R/O Vill.- Dalelpur Beldari, P.s. and P.O.- Nardiganj, Dist.- Nawada.
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr. Durgesh Nandan, Adv.
For the Respondent/s
:
Mr. Usha Kumari 1, Spl. PP
For the Informant :
Mr. Vishwa Ranjan Choudhary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
15-07-2026
1. Heard learned counsel for the appellants and learned Special P.P., Ms. Usha Kumari 1 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 29.01.2026 in A.B.P. No. 155 of 2026 passed by the learned Exclusive Special Judge Judge S.C./S.T. (POA) Act, Nawada in connection with Nawada SC/ST P.S. Case No. 73 of 2025 registered for the offences punishable under Sections 75, Patna High Court CR. APP (SJ) No.795 of 2026(3) dt.15-07-2026
190, 191(1), 191(2), 193(3), 352, 126(2), 115(2) and 303(2) of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(2)(V-A) of the SC/ST Act.
3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and the informant alleges that she was at her home when the accused persons including the appellants came and Raj Kumar Yadav was looking for her brother and was saying that he will be killed and was abusing and when informant objected, Raj Kumar gave orders to act inappropriately with her, thereafter his son Ajay tried to catch her, but then the informant fled on her terrace thereafter Ajay came and dashed her on the ground and assaulted by lathi and even tried to commit rape, further Sarita and Gudiya snatched chain of her mother apart from other allegations as alleged in the FIR.
4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that even presuming what has been alleged is true without admitting then the entire occurrence took place at the house of the informant thus was not in public view. It is next submitted that it absolutely does not stand to reason that how a son in presence of his father and female Patna High Court CR. APP (SJ) No.795 of 2026(3) dt.15-07-2026
relative would try to act inappropriately with a female. It is also submitted that daughter of appellant no. 1 was kidnapped by the brother of the informant for which Nardiganj PS Case No. 186 of 2025 dated 11.05.2025 was instituted, as such, the instant FIR came to be instituted by way of counterblast.
5. Learned Special P.P. for the State and learned counsel appearing on behalf of the informant opposes the appeal.
6. In view of the submissions made by the learned counsel for the appellants, the order dated 29.01.2026 is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, 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/successor court in connection with Nawada SC/ST P.S. Case No. 73 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
rajesh/- (Satyavrat Verma, J) U T