Raushan Yadav @ Raushan Kumar v. The State of Bihar
CR. APP (SJ)/3957/2025 · 2026-03-12
Prabhat Kumar Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5642 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5642 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3957 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Rohtas ======================================================
1. Raushan Yadav @ Raushan Kumar son of Baijnath Singh Resident of Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas
2. Chandan Yadav @ Chandan Kumar Son of Baijnath Singh Resident of Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas
3. Tufani Singh son of Late Yadunandan Singh Resident of Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas ... ... Appellant/s Versus
1. The State of Bihar
2. Tetara Devi Wife of shivmurat Ram Resident of Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Siddharth Harsh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor For the R.No. 2 : Mr. Binod Kumar, 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 09.09.2025 passed by learned Special Court SC/ST (POA) Act, Rohtas at Sasaram in a case arising out of SC/ST P.S. Case No. 17 of 2025 registered under Sections 191(2), 190, 126(2), 115(2), 109, 76, 324(2), 352, 351(2), 3/5 of the Bharatiya Nyaya Sanhita and section 3(1)(r)(s)(w)(i), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been
Patna High Court CR. APP (SJ) No.3957 of 2025(3) dt.12-03-2026 2/3 rejected. 3. As per the prosecution case, informant, namely, Tetra Devi alleged that on 14.03.2025 at about 4:30 PM, all the F.I.R. named accused persons, including these appellants, were playing obscene songs on D.J. in front of the door of one Savita devi. Upon protest, accused persons abused informant by caste name and tore her clothes. When son of informant came to her rescue, he was also assaulted by the accused persons. It is further alleged that accused persons also pelted stones at informant’s side. Appellant no. 3 is alleged to have given lathi blow to the son of informant. 4. It is submitted on behalf of appellants that quarrel took place between the parties on the issue of playing DJ. Allegation of abuse by caste name and assault is general and omnibus against these appellants. Injury, allegedly, caused by appellant no. 3 is simple in nature.
It is not the case of informant that any member of public was present at the time of incident, and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the respondent no. 2 vehemently opposed the bail application. Patna High Court CR. APP (SJ) No.3957 of 2025(3) dt.12-03-2026 3/3
6. Considering the nature of accusation, injury and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, 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 Special Court SC/ST (POA) Act, Rohtas at Sasaram in SC/ST P.S. Case No. 17 of
2025. 7. Accordingly, this criminal appeal is allowed and impugned order dated 09.09.2025 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T