Patna High Court
Sarupan Yadav @ Sarupam Yadav @ Saspan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellant, Sarupan Yadav, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for alleged assault, robbery and caste-based abuse. He appealed the trial court’s refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act, contending that the informant had not appeared despite notice and that he was falsely implicated. The prosecution opposed the bail, relying on the FIR and the seriousness of the offences. The High Court examined the submissions, noted the informant’s non‑appearance and the appellant’s claim of false implication, and held that the lower court erred in denying bail. Consequently, the appellate court set aside the refusal and granted anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act despite the seriousness of the alleged offences.
- Whether the non‑appearance of the informant and the claim of false implication justify granting bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(s), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- caste based violence
- Section 14-A
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1580 of 2025
Arising Out of PS. Case No.-562 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Sarupan Yadav @ Sarupam Yadav @ Saspan Yadav S/o Baleshwar Yadav R/o
Village- Dedaur, P.S.- Wazirganj, District- Gaya
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Rajesh Kumar S/o Kuldeep Yadav R/o Village- Dedaur, P.S.- Wazirganj,
District- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vishwa Ranjan Choudhary
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 30-04-2026 1. Heard learned counsel for the appellant and the
learned Special P.P. for the State. No one appears on behalf of
the respondent no.2.
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 21.03.2025 in A.B.P. No. 74/2025, arising out of
Wazirganj P.S. Case No.562/2024, passed by the learned
Exclusive Special Judge, SC/ST, Gaya registered under Sections
126, 115(2), 303(2), 109, 118, 352, 351(2), 3(5) of the BNS,
2023 and Sections 3(i)(r), 3(1)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.1580 of 2025(7) dt.30-04-2026
2/3
3. Learned counsel for the appellant submits that
informant despite receiving notice chooses not to appear and
contest. It is next submitted that appellant has antecedent of one
case and the informant alleges that on 10.08.2024 at 4 P.M.
when he was going to Tarwa bazar, when all the accused
persons intercepted him near the house of Rambali Manjhi and
Dhanu gave order to Ajay and Sanjay to kill him, on which,
Ajay assaulted the informant by tangi on head causing injury,
thereafter Sanjay assaulted him by an iron rod causing injury on
hand, while Komal and appellant on point of pistol, snatched the
chain from his neck and took out Rs.7030/- from his pocket and
when Bablu Manjhi tried to intervene, the accused abused him
by taking caste name and also threatened of dire consequences
and assaulted him by rod and khanti.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that the FIR does not even
remotely suggest the reason for the occurrence. It is also
submitted that even presuming what has been alleged is true
without admitting then the allegation of assault and abuse is not
alleged against the appellant rather appellant is alleged to have
snatched Rs.7030/- from the pocket of the informant, the said
Patna High Court CR. APP (SJ) No.1580 of 2025(7) dt.30-04-2026
3/3
allegation is ornamental in nature and this perhaps explains why
the informant despite receiving notice chooses not to appear and
contest.
5. Learned Special Public Prosecutor opposes the
appeal.
6. Considering the submissions, the order impugned is
set aside and the appellant, above named, in the event of his
arrest or surrender within a period of six weeks from the date of
receipt of the order, be 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 482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
U T
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