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2025 DAILYLAW 4965 (PAT)

Amarjeet Yadav @ Amarjeet Kumar v. The State of Bihar

CR. APP (SJ)/2368/2025 · 2026-03-12

Prabhat Kumar Singh

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2368 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== 1. Amarjeet Yadav @ Amarjeet Kumar S/O Vindeshwar Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar). 2. Punam Kumari D/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar). 3. Yogendra Yadav @ Jugendra Kumar @ Yogendra Kumar S/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar). 4. Jitan Kumar S/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar). 5. Anita Devi @ Soniya Devi W/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar). ... ... Appellant/s Versus 1. The State of Bihar 2. Urmila Kumari Nanku Rajak Simarhua, Dosam, P.S. Fesar 2. Urmila Kumari D/O Nanku Rajak R/O Village- Simrahua, P.S- Fesar, Distt.- Aurnagabad (Bihar). ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Aman Vishal, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor For the R.No. 2 : Mr. Birendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 12-03-2026 Heard learned counsel for the appellants, respondent no. 2 and the State. 2. This appeal has been filed against the order dated 22.05.2025 passed by learned Additional District & Sessions Judge 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad (Bihar) in ABP No. 1121 of 2025 arising out of Fesar P.S. Case No. 38 of 2024, registered under Sections 341, Patna High Court CR. APP (SJ) No.2368 of 2025(3) dt.12-03-2026 2/3 323, 504, 506, 354/34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. As per F.I.R., all the named accused persons, including these appellants, abused informant by caste name and tried to outrage her modesty. 4. Learned counsel for the appellants submits that both parties are co-villagers and prior to the alleged occurrence, verbal quarrel took place between them over the use of common pathway and taking advantage of the situation, this false and concocted case has been lodged. Allegation against the appellants is general and omnibus and there is no allegation of any specific overt act against them. Moreover, it is not the case of informant that alleged incident occurred within public view, as such, no offence under SC/ST Act is made out against the appellants. Appellants claim clean antecedent. 5. Learned counsel for the State and respondent no. 2 vehemently opposed the bail application. 6. Considering the nature of accusation and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, Patna High Court CR. APP (SJ) No.2368 of 2025(3) dt.12-03-2026 3/3 be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge 1st cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad (Bihar) in ABP No. 1121 of 2025 arising out of Fesar P.S. Case No. 38 of 2024. 7. Accordingly, this criminal appeal is allowed and impugned order dated 22.05.2025 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T