Patna High Court
Bijay Kumar @ Vijay Kumar @ Bijay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the refusal and granted anticipatory bail to the appellants subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The appellants, Bijay Kumar, Mritunjay Yadav and Moti Devi, appealed to the Patna High Court against the refusal of anticipatory bail by the Exclusive Special Court under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act. They contended that they have clean antecedents, that the informant failed to appear despite notice, and that the allegations stem from a land‑dispute and are general in nature. The lower court had denied bail in connection with a case registered under several IPC offences (147, 148, 149, 323, 324, 325, 341, 342, 307) and sections 3(i)(r)(s)/3(2)(va) of the SC/ST Act. The High Court, after considering the submissions, held that the appellants could be released on anticipatory bail upon surrender within six weeks, subject to bail bonds and conditions under Section 438(2) of the Cr.P.C. Consequently, the impugned order was set aside and the appeal was allowed.
Issues considered
- What is the appropriate exercise of discretion by the Special Court in refusing anticipatory bail under Section 14(A)(2) of the SC/ST Act?
- Whether the allegations against the appellants, being general and arising from a land dispute, warrant denial of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 342
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- false implication
- Criminal Procedure Code
- Indian Penal Code offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1227 of 2024
Arising Out of PS. Case No.-940 Year-2023 Thana- BIHTA District- Patna
======================================================
1. Bijay Kumar @ Vijay Kumar @ Bijay Kumar Yadav S/o- Late Suresh
Prasad Yadav Vill- Dayalpur PS- Bihta Dist- Patna
2. Mritunjay Yadav @ Yadav Mirtunjay Suresh @ Mirtunjay son of Late
Suresh Prasad Yadav Vill- Dayalpur PS- Bihta Dist- Patna
3. Moti Devi wife of Late Suresh Prasad Yadav Vill- Dayalpur PS- Bihta Dist-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Chhotan Das son of Late Jhauri Das Village- Rajpur Ps- bihta Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 13-03-2026 Heard learned counsel for the appellants and Mr.
Binay Krishna, learned Special P.P. 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 16.01.2024, passed by learned Exclusive Special
Court, SC/ST Act, Patna in connection with Bihta P.S. Case
No.940 of 2023, registered under Sections 147, 148, 149, 323,
324, 325, 341, 342 and 307 of the Indian Penal Code as well as
Section 3(i)(r)(s)/3(2)(va) of the SC/ST (POA) Act, 1989.
Patna High Court CR. APP (SJ) No.1227 of 2024(5) dt.13-03-2026
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3. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and appellant no.3 is a woman. It is next submitted
that informant despite receiving notice chooses not to appear
and contest. It is next submitted that informant alleges that on
21.09.2023 at 06:30 a.m. Ajay, Mritunjay, Bijay and Moti Devi
came and Ajay assaulted him by rod repeatedly causing injury
on head and hand and thereafter other accused assaulted his wife
by rod causing injury on hand. Further, the reason for the
occurrence is that the accused threatened to grab his land.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case on
account of dispute relating to land. It is next submitted that
thrust of allegation is against Ajay and he was taken in custody
and as far as the instant appellants are concerned, the allegation
against them are general and omnibus in nature.
5. Learned Special P.P. opposes the appeal.
6. Considering the submissions made by learned
counsel for the appellants, let appellants, above named, in the
event of their arrest or surrender before the learned court below
within a period of six weeks from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bonds
Patna High Court CR. APP (SJ) No.1227 of 2024(5) dt.13-03-2026
3/3
of Rs.5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Court, SC/ST Patna in connection with Bihta P.S. Case
No.940 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C.
7. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sanjay/-
U T
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