Patna High Court
Yogendra Yadav vs The State Of Bihar on 13 November, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4391 of 2024
Arising Out of PS. Case No.-31 Year-2024 Thana- SC/ST District- Supaul
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YOGENDRA YADAV SON OF LATE PRITHVICHANDRA YADAV R/O
Village- Chothampur Ward no. - 13 , Bero , PS - Supaul, District- Supaul
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. RANJEETA DEVI WIFE OF OM PRAKASH SHARMA R/O Village-
Chothampur Ward no. - 13 , Bero , PS - Supaul, District- Supaul, PIN-
852123
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Shiva Shankar Sharma
For the Respondent/s : Mr. Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 13-11-2025
Heard learned counsel for the appellant and
learned Special PP for the State.
2. The present appeal has been preferred by the
appellant under Section 14(A)(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 against
the refusal of prayer for anticipatory bail by order dated
22.08.2024
passed by learned Additional Sessions Judge-1-cum-
Special Judge, SC/ST, Supaul in connection with SC/ST P.S.
Case No. 56 of 2024 in which cognizance has been taken
against the appellant under Sections 341, 323, 354, 379, 504,
506/34 of the Indian Penal Code and section 3(1)(r)(s) of the
Patna High Court CR. APP (SJ) No.4391 of 2024 dt.13-11-2025
S.C. & S.T. (Prevention of Atrocities) Act, 1989.
3. As per prosecution case, when the informant along
with her sister-in-law went to her land, for taking a look at the
moong crop, the appellant and others co-accused persons who
were already present there abused and assaulted them. The
appellant taking caste name of the informant instigated others
and the assailants tore the sari and blouse of the informant and
assaulted them with slaps and fists. The assailants claimed that it
was their land and if anybody objected, he would be killed.
4. Learned counsel for the appellant submit that the
appellant is innocent and has falsely been implicated in this
case. Land dispute is admitted from the F.I.R. itself. The
appellant is aged about 65 years having no criminal antecedent
and the present case has been filed against him to put pressure
upon him to make compromise in Title Suit No. 30/2015 which
has been filed by the father-in-law of the informant against the
appellant and others. The appellant has filed a case for
demarcation and a report came in which it has been shown that
the informant has encroached upon the land of the petitioner.
The Police has investigated the matter and found the case true
under section 349, 379, 504 and 506 of the I.P.C. read with
section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act
Patna High Court CR. APP (SJ) No.4391 of 2024 dt.13-11-2025
which shows the allegation for offence under section 379 IPC
has been falsely made and it renders other allegations also false
and concocted. Learned counsel further submits that there was
no intention to humiliate the informant and her sister-in-law in
public view to commit offence under the provisions of SC/ST
(Prevention of Atrocities) Act and the ingredient for the same is
missing in the present case.
5. Learned Special P.P. opposes the submission and
submits allegation against the appellant is that he took caste
name of the informant and instigated others for committing
offence against her.
6. Having regard to the facts and circumstances of the
case and submissions made on behalf of the parties and
considering the background of land dispute and further
considering the possibility of false implication under the
provision of SC/ST (Prevention of Atrocities) Act and further
considering clean antecedent of the appellant, let the appellant
above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bond of Rs. 10,000/-(Rupees
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-1-cum-
Patna High Court CR. APP (SJ) No.4391 of 2024 dt.13-11-2025
Special Judge, SC/ST, Supaul, in connection with SC/ST P.S.
Case No. 31 of 2024, subject to the condition laid down under
Section 438 (2) of Cr.P.C. and other following conditions:
(i) One of the bailors will be a close relative of the
appellant.
(ii) The appellant will remain present on each and
every date fixed by the court below.
7. In terms of above, the impugned order dated
22.08.2024 is set aside and the appeal is allowed.
(Arun Kumar Jha, J)
Ranjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.11.2025
Transmission Date 17.11.2025
