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Patna High Court

Bijay Kumar @ Vijay Kumar @ Bijay Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




                       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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