IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5034 of 2024 Arising Out of PS. Case No.-24 Year-2015 Thana- GURUA District- Gaya ====================================================== 1. Akhilesh Yadav S/O Kameshwar Yadav R/O Village- Beniya, P.S- Gurua, District- Gaya. 2. Gaya Yadav @ Gaya Kumar Yadav S/O Bisheshwar Yadav R/O Village- Beniya, P.S- Gurua, District- Gaya. 3. Mithlesh Yadav S/O Kameshvar Yadav R/O Village- Beniya, P.S- Gurua, District- Gaya. 4. Kameshwar Yadav S/O Mungeshwar Yadav R/O Village- Beniya, P.S- Gu- rua, District- Gaya. 5. Bevash Yadav @ Vyas Yadav S/O Mueshvar Yadav R/O Village- Beniya, P.S- Gurua, District- Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Nagendra Chaudhary S/O Naresh Chaudhary R/O Village- Beniya, P.S- Gu- rua, District- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sudhir Kumar Sinha For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 24-02-2026 1. Heard the parties. 2. The appellants apprehend their arrest in connection with Gurua P.S. Case No. 24 / 2025 dt: 20.02.2015 registered for the offence under Section 342, 323, 448, 436, 379, 504, 506, 147, 149 of the IPC, Section 27 of the Arms Act and Section 3(i)(x) / 3(iii) of the SC/ST (POA) Act and being aggrieved by the order dated 28.09.2024 passed in A.B.P. No. 308 / 2024 arising out of the aforesaid FIR by learned Exclusive Special Judge SC/ST, Patna High Court CR. APP (SJ) No.5034 of 2024(4) dt.24-02-2026 2/3 Gaya has preferred this appeal for grant of anticipatory bail. 3. As per the prosecution case on 20.02.2015 at about 8:00 P.M. while the informant was at his home with his family, the appellants along with other accused arrived with ‘lathi’, ‘danda’ and khanti and abused the informant, looted ornaments having value of Rs. 50,000/- and cash Rs. 20,000/- and while retreating they burnt the roof and verandah of the house of the informant. 4. Learned counsel for the appellants submits that both the parties are co-villagers and the occurrence has taken place due to PACS election rivalry. The allegation against the appellant is general and omnibus in nature and abuse by the caste name was not in full public view. The allegation of house burning has not been substantiated during investigation. Since appellants are not residing at the place of occurrence and have been earning their livelihood outside Bihar, they could not know about the lodging of the present FIR. Appellants are having no criminal an- tecedent. 5. Learned counsel for the respondent no. 2 and State argued that in the FIR lodged in 2015 the appellants have sought bail in the year 2024 / 2025. The allegation against the appellants is serious in nature. 6. Regard being had to the submission made by the parties, Patna High Court CR. APP (SJ) No.5034 of 2024(4) dt.24-02-2026 3/3 taking into consideration the nature of allegation and the fact that abuse by caste name was not in full public view and no serious injury has been caused to the side of informant, accord- ingly, I am inclined to grant anticipatory bail to the appellants. 7. Accordingly, this appeal is allowed and the impugned or- der dated 28.09.2024 passed in A.B.P. No. 308 / 2024 passed by learned Exclusive Special Judge, S.C. / S.T., Gaya is hereby set aside. 8. Let the appellants, above named, be released on anticipa- tory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge SC / ST, Gaya in connection with Gurua P.S. Case No. 24 of 2015 subject to the condition as laid down under Sec- tion 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T