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2025 DAILYLAW 3859 (PAT)

RAVISHANKAR YADAV @ JAY SHANKAR KUMAR v. The State of Bihar

CR. APP (SJ)/4444/2025 · 2026-02-24

Nawneet Kumar Pandey

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4444 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Sheikhpura ====================================================== 1. RAVISHANKAR YADAV @ JAY SHANKAR KUMAR S/o- Chhotan Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 2. Kartik Yadav @ Kartik Kumar S/o- Ganesh Yadav @ Ayoudhya Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 3. Bundi Yadav S/o- Late Wale Yadav @ Baleshwar Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 4. Rohan Yadav @ Naresh Yadav S/o- Kameshwar Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 5. Bineshwar Yadav @ Bindeshwar Yadav S/o- Late Ramswarupe Yadav @ Ramswarup Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 6. Jagdish Yadav @ Jagadish Yadav S/o- Bale Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura 7. Manoj Yadav S/o- Late Jugo Yadav @ Yogeshwar Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Kundan Kumar S/o- Ravindra Ravidas R/v- Ambari Ps- Shekhopur Sarai Dist- Sheikhpura ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Nilendu Kumar Choudhary For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 24-02-2026 Heard learned counsel for the appellant. 2. This appeal has been preferred on behalf of the appellants under Section 14-A (2) of the SC & ST (Prevention of Atrocities) Act, 1989, for setting aside the order dated 13.10.2025, passed by the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura, in connection with (Sheikhpura) SC/ST P.S.Case No. 24 of 2025, registered for the offences punishable under Sections Patna High Court CR. APP (SJ) No.4444 of 2025(3) dt.24-02-2026 2/3 126(2), 115(2), 117(1), 352, 351, 191(2) and 191(3) of the BNS and Sections 3(1)(r)(s)/3(2)(va) of the SC ST Act, whereby the prayer for anticipatory bail of the appellants has been rejected. 3. The learned counsel for the appellants has submitted that the appellants are innocent and have falsely been implicated. The injuries are simple in nature he has submitted further that it is an admitted fact that appellant no.2 Kartik Yadav runs a grocery shop and the informant is his customer. The informant, according to the allegation, went to the shop of the appellant no.2 and the appellant no.2 prohibited the informant from entering into the shop. Then the appellant no.2 abused him by calling his caste name. It is also submitted that it is not believable that a shopkeeper might have abused his usual customer. As a matter of fact, according to submission of the learned counsel for the appellants, some money was due to be paid by the informant and when the money was demanded by appellant no.2, this false case was filed. 4. On the other hand, the learned counsel for the informant opposed the prayer for bail by submitting that the accused persons assaulted and humiliated the informant in full public view, as sch the provisions of the SC/ST Act are attracted in the present case. Patna High Court CR. APP (SJ) No.4444 of 2025(3) dt.24-02-2026 3/3 5. Admittedly, the informant is the customer of the appellant no.2, so it is not believable that appellant no.2 will prohibit his customer to come to his shop. The injuries are simple in nature. 6. Considering the facts and circumstances, the appeal is allowed and the impugned order the order dated 13.10.2025 is set aside. 7. Accordingly, in the event of arrest or surrender within four weeks from today, the appellants, above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura, in connection with (Sheikhpura) SC/ST P.S.Case No. 24 of 2025. HR/- (Nawneet Kumar Pandey, J) U T