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2025 DAILYLAW 5563 (PAT)

Dileep Yadav v. The State of Bihar

CR. APP (SJ)/3653/2025 · 2026-05-07

Satyavrat Verma

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3653 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== 1. Dileep Yadav S/o Late Channa Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.- Islampur, Distt.- Nalanda 2. Ravi Yadav S/o Dileep Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.- Islampur, Distt.- Nalanda 3. Guddu Kumar @ Choli S/o Dileep Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.- Islampur, Distt.- Nalanda 4. Suraj Yadav S/o Sanjay Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.- Islampur, Distt.- Nalanda ... ... Appellant/s Versus 1. The State of Bihar 2. Manju Devi W/o Late Naresh Sapera R/o vill - Khatolana Bigha, P.S.- Islampur, Distt.- Nalanda ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Manoj Kumar For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 07-05-2026 1. Heard learned counsel for the appellants and learned Spl. P.P. for the State, Sri Binay Krishna. 2. The defect/s as pointed by the office is ignored. 3. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 1-8-2025 in A.B.P. No. 1190 of 2025 passed by the learned Additional Sessions Judge VI-cum-Special Judge Patna High Court CR. APP (SJ) No.3653 of 2025(4) dt.07-05-2026 2/3 S.C./S.T. (POA) Act, Nalanda at Biharsharif in connection with Islampur P.S. Case No. 418 of 2024 registered for the offences punishable under Sections 192(2), 191(3), 190, 329(3), 126(2), 115(2), 109, 74, 352, 351(3) of the BNS as well as Sections 3(1) (r)(s)(w)(i) and 3(2)(va) of the SC/ST Act and Section 27 of the Arms Act. 4. Learned counsel for the appellants submits that appellant nos. 1, 2 and 4 have antecedent of 2 cases and appellant no. 3 has antecedent of three cases and the informant alleges that 7-8 unknown accused came on 4-8-2024 at 8:45 pm and started firing, when someone informed the police and when police came, accused persons fled and three fired cartridges were recovered from the place of occurrence. 5. Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that no doubt informant alleges that firing was made, but then no one was injured in the firing nor the informant specifically alleges that it were the appellants who resorted to firing though it is alleged that appellants were also present at the place of occurrence. 6. Learned Spl. P.P. for the State, Sri Binay Krishna, opposes the prayer for anticipatory bail of the appellants and Patna High Court CR. APP (SJ) No.3653 of 2025(4) dt.07-05-2026 3/3 submits that appellants have criminal antecedent and allegation is of firing and when police came, three empty cartridges were also recovered from the place of occurrence as such if privilege of anticipatory bail is granted to the appellants, the appellants may abscond or try to tamper with the evidence. 7. Considering the submission made by learned Spl.PP, the Court is not inclined to extend the privilege of anticipatory bail to the appellant. 8. Accordingly, the appeal is dismissed. Sumit/- (Satyavrat Verma, J) U T