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Patna High Court

Eppu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order denying anticipatory bail is set aside, granting bail to the appellant subject to conditions.

Summary

The appellant, Eppu Yadav, was charged under several sections of the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged caste abuse, extortion, and theft on 24 January 2026. He contended that the case was fabricated in retaliation for a fraud complaint he had filed against the informant earlier. The Special Judge had rejected his anticipatory bail application, prompting an appeal. The Patna High Court, noting the general and omnibus nature of the accusation, the appellant’s clean antecedents, and lack of corroborative evidence, set aside the order denying bail. The court directed that the appellant be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, within eight weeks of receiving the order.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under the provisions of the Criminal Procedure Code and the SC/ST (Prevention of Atrocities) Act.
  • Whether the allegations made against the appellant constitute a cognizable offence under the cited sections of the B.N.S. and the SC/ST Act.
  • Whether the material on record justifies the denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • extortion
  • false complaint
  • bail conditions
  • criminal appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1367 of 2026
                         Arising Out of PS. Case No.-10 Year-2026 Thana- SC/ST District- Nawada
                 ======================================================
                 Eppu Yadav S/o Anil Yadav R/o Village- Chainpura, PS- Narhat, Distt-
                 Nawada

                                                                                    ... ... Appellant/s
                                                        Versus

                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Devendra Kumar, Advocate
                 For the State           :        Mr. Binay Krishna, Spl.PP
                 For the Informant       :        Mr. Vishwa Ranjan Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-06-2026                 Heard learned counsel appearing for the appellant,

                   learned Special Public Prosecutor appearing for the respondent-

                   State and learned counsel appearing for the informant.

                               2. This appeal has been filed for setting aside order

                   dated 12.03.2026 passed in a case registered for the offence

                   punishable under Sections 126(2), 352, 351(2), 351(3), 303(2),

                   308(3) and 3(5) of the B.N.S. and Sections 3(1)(r), 3(1)(s), 3(1)

                   (w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, whereby the prayer for grant of

                   anticipatory bail of this appellant has been rejected.

                               3.      As per prosecution case, it is alleged that on

                   24.01.2026, when the informant was returning home, in the

                   meantime, this appellant, along with three unknown accused
Patna High Court CR. APP (SJ) No.1367 of 2026(2) dt.25-06-2026
                                             2/3




          persons, started hurling caste abuse, snatched Rs. 5,000/- cash

          and gold Mangalsutra and also demanded extortion from her.

                       4. It is submitted by learned counsel appearing on

          behalf of the appellant that appellant is quite innocent and has

          committed no offence. As a matter of fact, prior to institution of

          the present F.I.R., this appellant, along with other persons, filed

          an application before the Block Education Officer, Narhat,

          Nawada on 18.09.2025 against the informant and others for

          committing fraud and in retaliation and only with a view to save

          herself, this false and concocted case has been lodged. It is

          further submitted that it is not the case of the prosecution that

          any member of public was present at the place of occurrence

          and as such, no case under the Scheduled Castes and Scheduled

          Tribes (Prevention of Atrocities) Act is made out against this

          appellant. Appellant claims clean antecedents.

                       5. Learned Spl. P.P. appearing for the respondent-State

          and learned counsel appearing for the informant have

          vehemently opposed the prayer for grant of bail to the appellant.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the appellant, this appeal is allowed and the

          impugned order dated 12.03.2026 passed by the learned
             Patna High Court CR. APP (SJ) No.1367 of 2026(2) dt.25-06-2026
                                                          3/3




                       Exclusive Special Judge, SC/ST (POA) Act, Nawada in

                       connection with A.B.P. No. 390 of 2026 arising out of Nawada

                       SC/ST P.S. Case No. 10 of 2026 is hereby set aside with respect

                       to this appellant only.

                                    7. Accordingly, let the appellant, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged on

                       bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Exclusive Special Judge, SC/ST (POA) Act, Nawada in

                       connection with Nawada SC/ST P.S. Case No. 10 of 2026.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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