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1955 DAILYLAW 157 (PAT)

Upendra Yadav v. The State of Bihar

CR. APP (SJ)/1955/2026 · 2026-08-13

Satyavrat Verma

Criminal Appealbody1955

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1955 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- AMBA District- Aurangabad ====================================================== 1. Upendra Yadav S/O Late Naresh Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 2. Bimlesh Yadav @ Vimlesh Kr S/O Parvesh Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 3. Rabindra Gupta S/O Gupta Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 4. Amrendra Yadav @ Amerendra Kr S/O Ramesh Yadav @ Pravesh Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 5. Santosh Yadav S/O Dhaneshwar Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 6. Kamlesh Yadav S/O Late Nithal Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 7. Birendra Yadav S/O Late Naresh Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 8. Mahavir Yadav S/O Late Yugal Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 9. Balesh Yadav @ Balesh Kr Yadav S/O Late Nithal Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 10. Pappu Yadav @ Pappu Kr S/O Late Sitaram Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 11. Mahesh Yadav @ Mahendra Kr. Yadav S/O Arjun Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 12. Dinesh Yadav S/O Vishundev Yadav @ Visudev Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 13. Ram Pravesh Yadav @ Pravesh Yadav S/O Late Shyamdev Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 14. Vikash Yadav @ Vikash Kr S/O Krishna Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 15. Dhanesh Yadav @ Dhanesh Kr S/O Arjun Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 16. Amarjeet Yadav @ Amarjeet Kr S/O Krishna Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 17. Rahul Yadav @ Rahul Kr S/O Mithilesh Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. 18. Rabindra Yadav @ Rabindra Kr S/O Ram Kishun Yadav R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. ... ... Appellant/s Versus 1. The State of Bihar Patna High Court CR. APP (SJ) No.1955 of 2026(3) dt.13-08-2026 2/5 2. Lalita Devi W/O Naresh Ram R/O Village- Hathbar, P.S.- Amba, Distt.- Aurangabad, Bihar. R/O Village- Pranpur, P.S.- Goh, Distt.- Aurangabad (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shailesh Kumar Singh For the Respondent/s : Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 13-08-2026 1. Heard learned counsel for the appellants, learned Special Public Prosecutor for the State, Ms. Usha Kumari No. 1 and learned counsel appearing on behalf of the informant. 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 27.04.2026 in A.B.P. No. 933 of 2026 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST, Children & NDPS Act), Aurangabad in connection with Amba P.S. Case No. 32 of 2026 registered under Sections 126(2), 115(2), 117(2), 74, 109, 303(2), 324(4), 352, 351(2) and 3(5) of the BNS as well as Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants, at the outset, seeks permission to withdraw the appeal with respect to the appellant nos. 5 and 6 who were arrested during pendency of the same. Patna High Court CR. APP (SJ) No.1955 of 2026(3) dt.13-08-2026 3/5 4. Permission is accorded. 5. Accordingly, the appeal with respect to the appellant nos. 5 and 6 is dismissed as withdrawn. 6. Learned counsel appearing on behalf of the appellants next submits that appellants are persons with clean antecedent and the informant alleges that she along with Chandramukhi on 02.03.2026 at 9:30 P.M. had gone to attend nature’s call when six named accused persons including the appellants were coming and abusing by taking caste name and started acting inappropriately and assaulted Chandramukhi by rod and lathi causing injury on head, hence they fled to their home, when 15 more named accused persons came and entered the house and assaulted 8 family members causing injury, some suffered injury on head and some on different part of body and two autos were damaged. 7. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is further submitted that altogether 18 persons have been made accused in the instant case, it is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of abuse and assault is not specific, it is also submitted that it does not appear probable that all accused in Patna High Court CR. APP (SJ) No.1955 of 2026(3) dt.13-08-2026 4/5 one go would have abused the informant and Chandramukhi by taking caste name, it is further submitted that even presuming what has been alleged is true without admitting with respect to the second part of the allegation, then the said occurrence took place at the house of the informant thus was not in public view, it is reiterated and submitted that appellants are persons with clean antecedent and allegation of abuse and assault is not specific and the second part of the occurrence took place at the house of the informant. 8. Learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant oppose the prayer for anticipatory bail of the appellants. 9. Considering the submissions made by the learned 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. Patna High Court CR. APP (SJ) No.1955 of 2026(3) dt.13-08-2026 5/5 10. Accordingly, the impugned order is set aside and this appeal stands allowed. vikram/- (Satyavrat Verma, J) U T