Allowed¶7

Mahendra Yadav v. the State of Bihar

Patna HC23 Aug 2024CR. APP (SJ)/1516/2024

Case brief

AI extract

What is this about?

Anticipatory bail; SC/ST Act Section 14(A)(2) appeal; Section 3(i)(r)(s)/3(2)(v) SC/ST Act; IPC 143 147 149 341 323 354A 354B 307 504 506; Arms Act Section 27; general and omnibus allegation; caste abuse; parity with co-accused; Rajauli PS Case No. 137 of 2023; Nawada; Special Judge SC/ST Act; Section 438(2) CrPC conditions; bail bond Rs. 20,000; Patna High Court; CR. APP (SJ) No. 1516 of 2024.

What did the court decide?

Appeal allowed; refusal of anticipatory bail dated 28.02.2024 set aside; appellant to be enlarged on anticipatory bail upon arrest/surrender within six weeks on bail bond of Rs. 20,000 with two sureties of the like amount each, subject to Section 438(2) CrPC conditions. ¶7

Mahendra Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, arraigned in Rajauli P.S. Case No. 137 of 2023, is entitled to anticipatory bail notwithstanding the refusal by the Additional District & Sessions Judge-VIII, Nawada-cum-Special Judge SC/ST Act on 28.02.2024. +1 more

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Court's answer

Finding substance in the appellant's contentions, the Court set aside the impugned order dated 28.02.2024 of the Additional District & Sessions Judge-VIII, Nawada-cum-Special Judge SC/ST Act, Nawada (in Rajauli P.S. Case No. 137 of 2023) against the appellant and allowed the criminal appeal.

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Ratio / Principle

In the event of his arrest or surrender before the court below within six weeks, the appellant is to be enlarged on anticipatory bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each, to the satisfaction of the Special Judge, subject to the conditions in Section 438(2) CrPC.

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Key takeaways

The basis of the allowance was the Court's finding of substance in the appellant's contentions — innocence, general and omnibus allegation of abuse, absence of any specific allegation of firing against him, and parity with the co-accused already granted bail on 03.05.2024.ratio¶6

Detailed headnote1 paragraphs

Patna High Court, Crl. Appeal (SJ) No. 1516 of 2024 (Chandra Prakash Singh, J.), decided 23-08-2024: Appeal under Section 14(A)(2) of the SC/ST Act against refusal of anticipatory bail by the Additional District & Sessions Judge-VIII, Nawada-cum-Special Judge SC/ST Act (order dated 28.02.2024) in Rajauli P.S. Case No. 137 of 2023 — FIR alleging that the appellant and co-accused with about 30 unknown persons outraged the modesty of three girls of the informant side, forcibly pulled their dupattas and abused them by caste name, and fired when family members intervened, injuring Sonu Rajbansi and Shibu Ram; charges under IPC Sections 143/147/149/341/323/354A/354B/307/504/506, Section 27 Arms Act and Section 3(i)(r)(s)/3(2)(v) SC/ST Act. HELD: Finding substance in the appellant's contentions — innocence, general and omnibus allegation of abuse, no specific allegation of firing against him, no criminal antecedent, and parity with the co-accused granted bail on 03.05.2024 in Cr. APP(SJ) No. 5503 of 2023 — the impugned order was set aside and the appeal allowed; appellant directed to be enlarged on anticipatory bail if arrested/surrendering within six weeks on bail bond of Rs. 20,000 with two like sureties, subject to Section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1516 of 2024

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Arising Out of PS. Case No.-137 Year-2023 Thana- RAJAOLI District- Nawada

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======================================================

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MAHENDRA YADAV SON OF LATE MAHADEV YADAV RESIDENT OF VILLAGE - GANGABIGHA, P.S. - RAJAULI, DISTRICT - NAWADA

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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RITIK KUMAR SON OF UPENDRA RAJBANSHI RESIDENT OF VILLAGE - BARHAR, P.S. - RAJAULI, DISTRICT - NAWADA

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr.Rajesh Ranjan Kumar For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 23-08-2024 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

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2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes against the refusal of prayer for anticipatory bail vide order dated 28.02.2024 passed by the learned Additional District & Sessions Judge-VIII, Nawada-cum-Special Judge SC/ST Act, Nawada in connection with Rajauli P.S. Case No. 137 of 2023, registered for the alleged offences under Sections 143, 147, 149, 341, 323, 354A, 354B, 307, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and section 3(i)(r)(s)/3(2)(v) of the S.C./S.T. Act.

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3. As per the prosecution case, when the three girls of

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Patna High Court CR. APP (SJ) No.1516 of 2024(4) dt.23-08-2024 2/3

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the informant side went to attend call of nature, the appellant and the co-accused persons along with 30 unknown persons tried to outrage their modesty and pulled their duppatta forcibly and abused them by calling their caste name. When the family members of the informant went to rescue, they started firing due to that Sonu Rajbansi and Shibu Ram sustained injuries.

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4. Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in this case. The allegation of abusing against the appellant is general and omnibus and no member of public was present at the relevant point of time of the incident and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has no criminal antecedent as stated in para 3 of the appeal. There is no specific allegation of firing against this appellant. The co-accused has been granted bail by this court vide order dated 03.05.2024 passed in Cr. APP(S.J.) No. 5503 of 2023.

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5. Learned Spl. P.P. for the State as well as learned counsel for the respondent no. 2 have opposed the prayer for anticipatory bail of the appellant.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of learned

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Patna High Court CR. APP (SJ) No.1516 of 2024(4) dt.23-08-2024 3/3

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counsel for the appellant, the impugned order dated 28.02.2024 passed by the learned Additional District & Sessions JudgeVIII, Nawada-cum-Special Judge SC/ST Act, Nawada in connection with Rajauli P.S. Case No. 137 of 2023 is set aside against the appellant. The criminal appeal is allowed.

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7. Accordingly, the above named appellant, in the event of his arrest/ surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VIII, Nawada-cum-Special Judge SC/ST Act, Nawada in connection with Rajauli P.S. Case No. 137 of 2023, subject to the conditions mentioned in Section 438(2) of the Code of Criminal Procedure.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Mahendra Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mahendra Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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