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2025 DAILYLAW 93490 (PAT)

GOVARDHAN YADAV v. THE STATE OF BIHAR

CR. APP (SJ)/3461/2024 · 2025-11-12

Sandeep Kumar

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3461 of 2024 Arising Out of PS. Case No.-774 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== 1. GOVARDHAN YADAV S/O MUSAN YADAV R/O VILLAGE- MOHANPUR, TOLA NIGORIYA, P.S- LAXMIPUR, DISTT.- JAMUI. 2. KARU YADAV S/O MUSAN YADAV R/O VILLAGE- MOHANPUR, TOLA NIGORIYA, P.S- LAXMIPUR, DISTT.- JAMUI. 3. BABLU YADAV S/O GOVARDHAN YADAV R/O VILLAGE- MOHANPUR, TOLA NIGORIYA, P.S- LAXMIPUR, DISTT.- JAMUI. ... ... Appellant/s Versus 1. THE STATE OF BIHAR BIHAR 2. CHAMPA DEVI W/O PODINA MANJHI R/O VILLAGE- MOHANPUR, P.S- LAXMIPUR, DISTT.- JAMUI. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Prabhat Ranjan Singh For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-11-2025 Heard learned counsel for the appellants and learned Spl. P.P. for the State. None appears for the informant despite valid service of notice. 2. At the very outset, learned counsel for the appellants submits that the appellant no. 02 has died and he prays to withdraw this application on his behalf. 3. Permission is accorded and accordingly, this appeal is dismissed as withdrawn with regard to appellant no. 02. Now this appeal is restricted to appellant no. 1 and 3 only. 4. This appeal is preferred against the order dated Patna High Court CR. APP (SJ) No.3461 of 2024(4) dt.12-11-2025 2/3 21/06/2024 passed in A.B.P. No. 1003/2024 by learned I/c ADJ- 1st-cum-Special Judge SC/ST Act, Jamui, by which anticipatory bail filed by the appellants has been rejected in connection with Complaint Case No. 774C of 2020, registered for the offence under Sections 323 of 504 of the I.P.C. and under section 3 (2), (va), 3(1), (r), 3 (1) (s) of S.C/S.T. (POA) Act. 5. As per the prosecution case, the appellants are said to have used filthy language against the informant and have also assaulted her with fist and slaps. 6. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because of land dispute and therefore the application of the anticipatory bail is maintainable. 7. Learned counsel for the State has opposed the prayer of the appellant. 8. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that a dispute of civil nature is given colour of criminal case and therefore, this application for grant of anticipatory bail is held to be maintainable. Patna High Court CR. APP (SJ) No.3461 of 2024(4) dt.12-11-2025 3/3 9. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 21/06/2024 passed in A.B.P. No. 1003/2024 by learned I/c ADJ-1st-cum-Special Judge SC/ST Act, Jamui, by which anticipatory bail filed by the appellants has been rejected in connection with Complaint Case No. 774C of 2020, is hereby set aside. 10. Let the appellants No. 1 and 3, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned I/c ADJ-1st-cum-Special Judge SC/ST Act, Jamui/concerned Court below in connection with Complaint Case No. 774C of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U