IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2097 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- SC/ST District- Purnia ====================================================== 1. Indradev Yadav @ Bablu Yadav @ Babul @ Indradev Kumar Yadav S/O Late Vinay yadav R/O Village- Budhia, P.S.- Sarsi, Distt.- Purnia 2. Abhay Yadav @ Chhitana Yadav @ Abhay Kumar Yadav S/O Late Shankar Yadav R/O Village- Budhia, P.S.- Sarsi, Distt.- Purnia ... ... Appellant/s Versus 1. The State of Bihar 2. Bul Bul Kumari W/O Biren Rajak R/O Vill.- Kachahari Balua, Ward no. 11, P.s.- Sarsi, Dist.- Purnea. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bijendra Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 29-07-2025 Heard learned counsel for the appellants and learned Spl. Public Prosecutor for the State. 2. At the outset, learned counsel for the appellants seeks permission to withdraw this anticipatory bail appeal with regard to appellant no. 1. 3. Permission is granted. 4. This anticipatory bail appeal with regard to appellant no. 1 is, accordingly, dismissed as withdrawn. 5. This criminal appeal has been filed against the order dated 23.04.2025 passed by learned District and Sessions Judge 1st cum Special Judge, SC/ST (POA) Act, Purnea in ABP Patna High Court CR. APP (SJ) No.2097 of 2025(3) dt.29-07-2025 2/3 No. 30 of 2025 in connection with SC/ST P.S. Case No. 26 of 2025, registered under Sections 126(2), 115(2), 109, 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 3(i)(r) (s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant no. 2 has been rejected. 6. As per F.I.R., appellant no. 2 assaulted on the head of father-in-law of the informant with wooden stick as a result of which he sustained injury. Further allegation is that this appellant along with other accused persons abused informant and her family members by caste name. 7. It is submitted on behalf of the appellant that appellant is innocent and has committed no offence. F.I.R. has been lodged after inordinate delay of three days which itself raises doubt over veracity of the prosecution case. It is not the case of informant that alleged incident occurred within public view, as such, no case is made under SC/ST Act against the appellant. Appellant claims clean antecedent. 8. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the prayer for bail of the appellant and submitted that injury caused by the appellant is found to be grievous in nature. Patna High Court CR. APP (SJ) No.2097 of 2025(3) dt.29-07-2025 3/3 9. Considering the nature of accusation and grievous injury, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail of the above name appellant no. 2, is hereby rejected. Navya/- (Prabhat Kumar Singh, J) U T