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2025 DAILYLAW 41753 (PAT)

Uma Nand Yadav v. The State of Bihar

CR. APP (SJ)/2136/2024 · 2025-10-09

Satyavrat Verma

Criminal Appealbody2025

Judgment text

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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 1. The State Of Bihar 2. 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 1. Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State. 2. The appellant has challenged the order dated 03.04.2024 passed by the learned Special Judge, SC/ST Act- cum-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. 3. 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. 4. The learned Special P. P. opposes the anticipatory bail application. 5. Regard being had to the aforesaid submissions, the order dated 03.04.2024 is set-aside. 6. The appeal stands allowed. 7. 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-cum- 1st 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. vikash/- (Satyavrat Verma, J) U T