Patna High Court
Yuvraj Kumar @ Vibhishan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed and regular bail is denied to the appellant.
Summary
The appellant, Yuvraj Kumar, appealed against the order denying him regular bail in a case involving alleged assault, arson, robbery and offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that he, along with a mob, forcibly entered the informant's house, set it on fire, looted belongings and had previously assaulted the informant in an earlier case. The appellant contended that he was falsely implicated, that no specific overt act could be attributed to him, and that the SC/ST Act provisions were not attracted as there was no caste‑based insult. The court examined the seriousness of the allegations, the appellant's multiple pending criminal cases indicating a pattern of habitual criminal activity, and the risk of witness tampering. Finding the allegations grave and the appellant a potential threat to law and order, the court refused to grant regular bail and dismissed the appeal.
Issues considered
- Whether regular bail can be granted to the appellant given the nature of the offences and his criminal antecedents
- Whether the allegations against the appellant attract the provisions of the SC/ST (Prevention of Atrocities) Act
- Whether the appellant's alleged participation in the mob attack can be established sufficiently to justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 191(2), 326(g)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- regular bail
- SC/ST Act
- arson
- assault
- habitual offender
- organized crime
- criminal intimidation
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1426 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Yuvraj Kumar @ Vibhishan Kumar S/o Late Ramesh Rai R/o Village -
Nijampur, P.S. - Didarganj, Distt. - Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Indrajeet Kumar S/o Shri Parmanand Bhagat R/o Village - Rampur
Shyamchand, P.S. - Raghopur, Dist. - Vaishali. At present, R/o Village -
Nijampur, P.S. - Didarganj, Distt. - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jay Ram Prasad
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard the learned counsel for the petitioner, the
learned Spl. PP for the State and the learned counsel for the
informant.
2. The present appeal has been preferred for setting
aside the order dated 02.03.2026 passed by the learned
Exclusive Special Judge (SC/ST Act) Patna in Special Case No.
561 of 2025 arising out of Didarganj P.S. Case No. 340 of 2025,
registered for the offences punishable under Sections 191(2),
115(2), 126(2), 326(g) of the Bharatiya Nyaya Sanhita, 2023
and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities)
Act, whereby the prayer for regular bail of the appellant was
rejected.
3. The prosecution case, in brief, is that the informant,
belonging to the Scheduled Caste/Scheduled Tribe community,
Patna High Court CR. APP (SJ) No.1426 of 2026(4) dt.12-05-2026
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alleged that the appellant along with other co-accused persons
committed assault, forcibly evicted the informant and his family
members from their house, sprinkled petrol, set the house on
fire, and looted articles. The appellant is stated to have
participated along with the co-accused persons in the alleged
occurrence. It is further alleged that an earlier altercation had
taken place between the parties, in respect of which the
informant had also lodged a case being Didarganj P.S. Case No.
209 of 2025.
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in this case. It is further
submitted that the allegations against the appellant are general
and omnibus in nature and no specific overt act has been
attributed to him. It is also submitted that during investigation,
no independent witness has supported the allegations against the
appellant and no incriminating material has been found against
him. It is further submitted that the appellant has been
implicated merely on suspicion of being part of a mob and that
the essential ingredients of the offences under the SC/ST
(Prevention of Atrocities) Act are not attracted against him, as
there is no allegation of intentional caste-based insult or abuse
in public view.
5. The learned Special PP for the State and the learned
Patna High Court CR. APP (SJ) No.1426 of 2026(4) dt.12-05-2026
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counsel for informant have vehemently opposed the prayer for
bail on behalf of the appellant. It is submitted on behalf of
informant that Didarganj P.S. Case No. 340 of 2025 was
instituted on 15.10.2025 in connection with an occurrence dated
13.10.2025, wherein the appellant, along with about 20 co-
accused persons, allegedly reached the residence of the
informant, committed assault, set fire to the house, looted
articles lying at the place of occurrence and also demolished the
boundary wall and removed bricks, steel rods, rings and cement.
It is alleged that the appellant played a leading role in the said
occurrence.
6. It is further submitted that the accused persons,
including the appellant, had earlier also assaulted the informant,
in connection with which Didarganj P.S. Case No. 209 of 2025
was registered, wherein informant sustained grievous injuries
requiring hospitalization. The accused persons have been
continuously threatening the informant and his family members
with dire consequences, including murder.
7. It is further alleged that the appellant is part of an
organized group of criminal elements of village Nizampur, P.S.
Didarganj, who are engaged in extortion and are interfering with
construction activities on the land of the employer of informant
situated at Mouza Sabalpur with the object of demanding money
Patna High Court CR. APP (SJ) No.1426 of 2026(4) dt.12-05-2026
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and creating terror. The appellant and his associates are alleged
to be habitually involved in such criminal activities affecting
public order and peaceful possession of property.
8. It is also submitted that apart from the present case,
multiple criminal cases are pending against the appellant and his
associates, namely: (a) Didarganj P.S. Case No. 355 of 2025;
(b) Didarganj P.S. Case No. 209 of 2025; (c) Didarganj P.S.
Case No. 358 of 2025; (d) Didarganj P.S. Case No. 81 of 2026
dated 02.04.2026.
9. It is further submitted that the accused persons,
including the appellant, are involved in a pattern of organised
criminal activities including extortion, intimidation, and
repeated violent acts, thereby posing a serious threat to law and
order in the locality. The appellant and his group are alleged to
be preventing lawful use and development of land belonging to
the employer of informant and are attempting to forcibly
dispossess him.
10. It is lastly submitted that the appellant, being a
habitual offender with multiple serious criminal cases against
him, does not deserve the privilege of bail and the appeal is
liable to be rejected.
11. Having considered the rival submissions and upon
careful perusal of the material available on record, this Court
Patna High Court CR. APP (SJ) No.1426 of 2026(4) dt.12-05-2026
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finds that the allegations against the appellant are serious in
nature involving violence, arson, and criminal intimidation. The
appellant is also shown to be involved in several other criminal
cases of similar nature, reflecting a pattern of habitual criminal
activity. The possibility of the appellant influencing witnesses
and repeating similar offences cannot be ruled out at this stage.
12. In view of the gravity of the allegations, the
criminal antecedents of the appellant, and the overall facts and
circumstances of the case, this Court is not inclined to grant the
privilege of regular bail to the appellant.
13. Accordingly, the present appeal stands dismissed.
14. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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