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Patna High Court

Sano Yadav @ Sanu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellant.

Summary

The appellant, Sano Yadav, was charged under several IPC sections and Sections 3(1)(r)(s) of the SC/ST Act for an alleged assault at the informant's house. He applied for anticipatory bail, which was denied by the Special Judge. On appeal under Section 14‑A(2) of the SC/ST Act, the appellant argued that the notice was served but the informant failed to appear, and that the allegations were vague and he had a clean record. The Special Public Prosecutor opposed the bail. The Patna High Court examined the submissions, found the refusal unjustified, and set aside the lower court's order, granting anticipatory bail with a bond and sureties, subject to Section 438(2) CrPC conditions. The appeal was allowed.

Issues considered

  • Whether the refusal to grant anticipatory bail under the SC/ST Act was justified.
  • Whether the allegations against the appellant were sufficiently specific to deny bail.
  • Whether the service of notice and the informant's non‑appearance affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • IPC offences
  • bail conditions
  • notice service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1103 of 2025
                       Arising Out of PS. Case No.-200 Year-2024 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Sano Yadav @ Sanu Yadav S/O Suresh Yadav @ Suresh Prasad Yadav R/O
                 Vill.- Manjhauli, P.S.- Fatehpur, Dist.- Gaya.

                                                                                    ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Arjun Manjhi S/O Late Bhade Manjhi R/O Vill.- Badki Kuhari, P.S.-
                 Fatehpur, Dist.- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Vinod Kumar, Adv.
                 For the Respondent/s    :        Ms. Usha Kumari 1, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

6   13-07-2026                 1. Heard learned counsel for the appellant and learned

                   Special P.P. Ms. Usha Kumari No.1 for the State.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 08.10.2024 in A.B.P. No. 305 of 2024 passed by the

                   learned Special Judge, SC/ST, Gaya in connection with

                   Fatehpur P.S. Case No. 200 of 2024 registered under Sections

                   147, 149, 448, 341, 323, 427, 504 and 506 of the Indian Penal

                   Code as well as Sections 3(1)(r)(s) of the SC/ST Act.

                               3. Learned counsel for the appellant submits that from
Patna High Court CR. APP (SJ) No.1103 of 2025(6) dt.13-07-2026
                                             2/3




          perusal of the office report dated 02.07.2026, it would manifest

          that the notice was validly served upon the informant but then

          informant despite receiving notice chooses not to appear and

          contest. It is further submitted that appellant is a person with

          clean antecedent and the informant alleges that eight named

          accused persons including the appellant came to his house on

          05.04.2024 at 7.30 P.M. and assaulted causing injury on head.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further submitted that there is no specific

          allegation of abuse and as far as allegation of assault is alleged

          the same is also not specific rather is general and omnibus in

          nature and the entire occurrence took place at the house of the

          informant and thus was not in public view. It is thus submitted

          that this perhaps explains why informant despite receiving

          notice chooses not to appear and contest.

                       5. Learned Special Public Prosecutor opposes the

          prayer for anticipatory bail.

                       6. Considering the submissions, the order impugned

          is set aside. Let the appellant, above named, in the event of his

          arrest or surrender before the learned Court below within a

          period of six weeks from the date of receipt of the order, be
             Patna High Court CR. APP (SJ) No.1103 of 2025(6) dt.13-07-2026
                                                          3/3




                       released on anticipatory bail on furnishing bail bond of

                       Rs.5,000/- (rupees five thousand) with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending in connection with the aforesaid case,

                       subject to the conditions as laid down under Section 438(2) of

                       the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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