Uma Nand Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Uma Nand Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; order dated 03.04.2024 rejecting anticipatory bail set aside; appellant to be released on bail on arrest or surrender before the Court below within six weeks, on bail-bonds of Rs.5,000 with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the appellant should be granted anticipatory bail in connection with SC/ST P.S. Case No.51 of 2023 notwithstanding the rejection of his prayer by the Special Judge, SC/ST Act-cum-1st Additional Sessions Judge, Purnea on 03.04.2024.

Court's answer

Having regard to the submissions (compromise between parties, non-appearance of respondent no.2 despite notice, appellant's surrender and interim release on 21.08.2024, absence of specific allegation of assault, age of about 72 years and clean antecedents), the order dated 03.04.2024 rejecting anticipatory bail is set aside.

Ratio / Principle

The appeal stands allowed.

Key takeaways

The appellant, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on furnishing bail-bonds of Rs.5,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act-cum-1st Additional Sessions Judge, Purnea, subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No.2136 of 2024 (decided 09-10-2025) — Satyavrat Verma, J.: Allowed an appeal against rejection (order dt. 03.04.2024, Special Judge, SC/ST Act-cum-1st Additional Sessions Judge, Purnea) of anticipatory bail sought by Uma Nand Yadav (aged about 72 years) in SC/ST P.S. Case No.51 of 2023 (District Purnia) instituted under Sections 341, 323, 324, 307, 379, 504, 506, 34 IPC and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. Counsel urged that the parties had compromised and settled the issue, that respondent no.2, though served notice (office report dt. 05.10.2024), chose not to appear, that appellant no.1 had surrendered during pendency and was bailed the same day (order dt. 21.08.2024), that no specific allegation of assault was made against the appellant, and that he bore clean antecedents; the learned Special P.P. opposed. The Court set aside the order dt. 03.04.2024, allowed the appeal, and directed release on bail upon arrest or surrender within six weeks on bail-bonds of Rs.5,000 with two sureties of the like amount, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2136 of 2024

Arising Out of PS. Case No.-51 Year-2023 Thana- SC/ST District- Purnia

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

Uma Nand Yadav S/O Late Mangan Yadav R/O Village- Jankinagar, Khunt, P.S- Jankinagar, Distt.- Purnea.

... ... Appellant/s

Versus

The State Of Bihar

Aruna Devi W/O Late Jhameri Mallik R/O Village- Jankinagar Khunt, Ward No. 9, P.S- Jankinagar, Distt.- Purnea.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Shambhu Sharan Singh For the Respondent/s : Mr.Binay Krishna- Spl.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 09-10-2025

Heard learned counsel for the appellant and the

learned Special Public Prosecutor for the State.

The appellant has challenged the order dated 03.04.2024 passed by the learned Special Judge, SC/ST Actcum-1st Additional Sessions Judge, Purnea in connection with SC/ST P. S. Case No.51 of 2023, instituted for the offences under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 3(1)(r)(s),3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected.

The learned counsel appearing on behalf of the

Patna High Court CR. APP (SJ) No.2136 of 2024(4) dt.09-10-2025 2/3

appellant submits that from perusal of the office report dated 05.10.2024, it would manifest that respondent no.2 has received the notice, but then, chooses not to appear and contest the case. It is submitted that the parties have compromised and have settled the issue. It is further submitted that since the dispute was compromised, as such, appellant no.1 had surrendered during pendency of the appeal and was released on bail on the same day by an order dated 21.08.2024. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the appellant and the appellant is aged about 72 years and has remained a person with clean antecedent all throughout. It is also submitted that since parties have compromised, no useful purpose would be served by sending the appellant to jail.

The learned Special P. P. opposes the anticipatory bail application.

Regard being had to the aforesaid submissions, the order dated 03.04.2024 is set-aside.

The appeal stands allowed.

The appellant, above-named, in the event of

his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his

Patna High Court CR. APP (SJ) No.2136 of 2024(4) dt.09-10-2025 3/3

furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned learned Special Judge, SC/ST Act-cum1st Additional Sessions Judge, Purnea in connection with SC/ST P. S. Case No.51 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J)

vikash/-

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