IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2078 of 2025 Arising Out of PS. Case No.-1327 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1. Akhilesh Yadav @ Akhilesh Kumar son of Late Baleshwar Prasad Resident of Village- Mangar Bigha, Police Station- Town Thana, District- Nawada (Bihar) 2. Kamlesh Kumar @ Kamla Yadav Son of Ramdev yadav @ Ramdeo Prasad Resident of Village- Mangar Bigha, Police Station- Town Thana, District- Nawada (Bihar) 3. Rohit Yadav son of Ramdev yadav @ Ramdeo Prasad Resident of Village- Mangar Bigha, Police Station- Town Thana, District- Nawada (Bihar) ... ... Appellant/s Versus 1. The State of Bihar 2. Rajesh Rajvanshi Son of Late Prabhu Rajvanshi village- jangal Beldariya, Budhoul, Ps- Nawada town, Dist- nawada ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Awadhesh Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 12-11-2025 Heard the learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail vide order dated 28.04.2025, passed by the learned Exclusive Special Judge, SC/ST (POA) Act, Nawada in connection with Nawada Town (Nagar) P.S. Case No. 1327 of Patna High Court CR. APP (SJ) No.2078 of 2025(3) dt.12-11-2025 2/5 2024, registered under Sections 126(2), 115(2), 351(2), 352, 324(5), 303(2), 3(5) of the B.N.S. and Sections 3(1) (r) (s) of the SC/ST Act. 3. The prosecution case, in brief, is that the informant was constructing boundary on his plot bearing khesara No.- 2115, area 13 dismal, on 11.11.2024, at about 12.00 noon Ramdeo Yadav, Rohit yadav, Kamla Yadav, Akhilesh Yadav and three unknown persons came with arms, Chapra, Khanti, kudal and started breaking his boundary. Ramdev Yadav abused by his caste name "Shala Harijan Rajwar I will enter in your house, insult (Rape) and will not allow to build boundary on this land and Kill". Kamla Yadav caught hold hair of informant’s wife and threw her on the ground and beaten her by feast and punch and other accused persons also beaten informant’s children. Rohit Yadav forcibly Snatched gold Tabij from informant's wife, worth Rs. 27,000/-. It is further alleged that, while they were going, accused persons threatened to kill the whole family, if again boundary is built on this land. 4. Learned counsel for the appellants submits that serious land dispute is going on with the informant. Plot No. 2115, Khata No. 26 and area 5.75 was purchased by Most. Daulti Devi from Faguni chauhan on 17.08.1988 and she has executed sale deed in favour of Ramdev Yadav, Baleshwar Prasad and Ravindra Patna High Court CR. APP (SJ) No.2078 of 2025(3) dt.12-11-2025 3/5 Prasad on 10.12.2002, which runs in the name of appellants father and others, for which Mutation Case No. 402 of 2003 was initiated and the name of appellants father is registered and they are already in possession of the aforesaid land, which land is also being claimed by the informant, for which the instant F.I.R. has been registered. 5. Learned counsel for the appellants next submits that on earlier occasion, the wife of the informant had registered a case against appellant nos. 1 and 3, bearing Town (Nagar) P.S. Case No. 1713 of 2022, for the offence registered under Sections 147, 323, 324, 307, 341, 504, 506, 308, 379, 354, 420, 467, 468 of the I.P.C. and Section 3(1) (x) (xi) of the SC/ST Act, details of which has been mentioned in paragraph-3 of the memo of appeal, in which they are on bail. 6. Learned Special Public Prosecutor for the State has opposed the prayer for bail of the appellants. 7. Considering the facts that serious land dispute is going between the parties, on earlier occasion, the wife of the informant has registered a case against appellant nos. 1 and 3, in which they are on bail and there is no overt-act done by these appellants, let the above named appellants, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from the Patna High Court CR. APP (SJ) No.2078 of 2025(3) dt.12-11-2025 4/5 date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, SC/ST Court, Nawada in connection with Nawada Town (Nagar) P.S. Case No. 1327 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (I) Appellants shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the appellants tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the appellants and in case at any stage, it is found that the appellants have concealed their criminal antecedent, the court below shall take steps for cancellation of bail bonds of the appellants. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Patna High Court CR. APP (SJ) No.2078 of 2025(3) dt.12-11-2025 5/5 8. Accordingly, the impugned order dated 28.04.2025 is set aside and this appeal is allowed. pravinkumar/- (Ajit Kumar, J) U T