Patna High Court
Shyamdev Kumar @ Shyamdev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court allowed the appeal and granted anticipatory bail, setting aside the Special Judge’s order.
Summary
The appellants, four residents of Kanhaipur, were charged under several IPC sections and Sections 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly stopping a motorcycle, abusing the informant with caste slurs, and assaulting him with an iron rod. Their anticipatory bail application was rejected by the Exclusive Special Judge, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The High Court examined the FIR, noting that the assault was not serious, no public humiliation occurred, and the alleged injuries were minor. Considering these facts, the Court held that the criteria for denying anticipatory bail were not met. Consequently, the appeal was allowed, the Special Judge’s order was set aside, and the appellants were granted anticipatory bail subject to a bail bond and sureties.
Issues considered
- Whether the alleged caste‑based abuse and assault under the SC/ST (Prevention of Atrocities) Act justify denial of anticipatory bail.
- Whether the nature and seriousness of the offences under the IPC and SC/ST Act warrant refusal of bail.
- Whether the provisions of Section 14‑A(2) of the SC/ST Act are applicable to grant anticipatory bail in the present facts.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 34, 341, 379, 504
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- IPC offences
- high court appeal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1021 of 2024
Arising Out of PS. Case No.-434 Year-2023 Thana- MOKAMAH District- Patna
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1. Shyamdev Kumar @ Shyamdev Yadav S/o Awadhesh Yadav Resident of
Village- Kanhaipur, Ward No 1, P.S. Mokama, District- Patna
2. Bashishth Kumar @ Kaushal Yadav S/o Awadhesh Yadav Resident of
Village- Kanhaipur, Ward No 1, P.S. Mokama, District- Patna
3. Bam Bam Kumar S/o Udesh Yadav Resident of Village- Kanhaipur, Ward
No 1, P.S. Mokama, District- Patna
4. Sachin Kumar S/o Udesh Yadav Resident of Village- Kanhaipur, Ward No 1,
P.S. Mokama, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Vikky Kumar S/o Ram Swarth Paswan R/o vill - Kanhaipur, ward no. 13,
P.s. - Mokama, distt. - Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Manmohan Kumar
For the Respondent/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 1. No one appears for the appellants.
2. Learned counsel for the State is present.
3. An order, dated 15.01.2024, passed by learned
Exclusive Special Judge, SC/ST Act, Patna, in ABP No. 11544
of 2023, is under challenge in the present appeal preferred under
Section 14-A (2) of the Schedule Caste and Schedule Tribes
(Prevention of Atrocities) Act, 1989, whereby the anticipatory
bail application of the appellant in connection with Mokama
Police Station Case No. 434 of 2023 registered for the offence
Patna High Court CR. APP (SJ) No.1021 of 2024(5) dt.23-02-2026
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punishable under Sections 341, 323, 379, 504, 34 of the Indian
Penal Code and Section 3 (i)(r)(s) of the Schedule
Caste/Schedule Tribe (Prevention of Atrocities) Act, has been
rejected.
4. As per the prosecution story, the appellants stopped
the motorcycle of the informant, started abusing with caste
name and assaulted him. When the informant objected, the
appellant No. 2 assaulted the informant by means of iron rod.
5. I have heard learned counsel for the state and have
perused the record.
6. No one appears for opposite party no. 2.
7. From perusal of the FIR, it appears that appellants
accosted the informant in the evening at 6.30 p.m. and assaulted
and abused with caste name. There is no allegation in the FIR
that members of the public were also present at the time of
incident. The assault made by the appellants upon the informant
is not serious in nature except allegation of snatching of locket,
i.e., Section 379 and other Sections under the IPC are bailable.
8. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of
allegation made in the FIR and the fact that no serious injury has
been caused to the informant and the abuse by the caste name
Patna High Court CR. APP (SJ) No.1021 of 2024(5) dt.23-02-2026
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was not made in the full public view and was not in order to
demean the dignity of the informant, I am inclined to grant the
appellants privilege of anticipatory bail.
9. This appeal is, accordingly, allowed and the order,
dated 15.01.2024, passed by learned Exclusive Special Judge,
SC/ST Act, Patna, in ABP No. 11544 of 2023, is set aside.
10. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, SC/ST Act, Patna, in connection with Mokama Police
Station Case No. 434 of 2023, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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