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Patna High Court

Mithilesh Kumar Yadav @ Mithilesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the appellants are entitled to anticipatory bail and set aside the order rejecting it.

Summary

Mithilesh Kumar Yadav and his wife Sima Devi were accused of blocking a public path, assaulting Sushma Devi and her family, and using caste‑based slurs on 11‑Nov‑2024. The FIR, filed 12 days later, invoked several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellants sought anticipatory bail under Section 14A(2) of the Act, arguing clean antecedents, lack of specific allegations, delay in filing the FIR, and absence of an injury report or a public‑place offence. The Special Public Prosecutor opposed the bail. The High Court, noting the clean antecedent and the questionable nature of the allegations, granted bail on condition of bond and sureties, and set aside the lower court’s order denying anticipatory bail. The appeal was therefore allowed.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the FIR and the alleged conduct constitute an offence punishable under the SC/ST Act given the alleged lack of public view and injury.
  • Whether the 12‑day delay in lodging the FIR defeats the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • obstruction of public path
  • assault
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1598 of 2025
                          Arising Out of PS. Case No.-59 Year-2024 Thana- SC/ST District- Gaya
                 ======================================================
           1.     Mithilesh Kumar Yadav @ Mithilesh Yadav Son of Late Durga Yadav
                  Village- Kolharua, P.s- Bodhgaya Gaya, District -Gaya
           2.    Sima Devi Wife of Mithilesh Yadav @ Mithilesh Kumar Yadav Village-
                 Kolharua, P.s- Bodhgaya Gaya, District -Gaya

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sushma Devi Wife of Banwari Paswan Village- Kolharua, Po- Padariya, P.s-
                 Bodhgaya Gaya, District -Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s              :        Mr. Brijmohan Das, Advocate
                 For the State                    :        Mr. Sadanand Paswan, Spl PP
                 For the Respondent No. 2         :        Md. Javed Jafar Khan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

6   13-02-2026                 Heard learned counsel for the appellants, learned

                   counsel for the Respondent No. 2 as well as learned Special

                   Public Prosecutor appearing for the State.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Caste and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   20.03.2025 passed by learned Exclusive Special Judge, SC/ST,

                   Gaya in A.B.P. No. 70 of 2025 in connection with SC/ST P.S.

                   Case No. 59 of 2024, registered under Sections 126(2), 115(2),

                   351(2), 352 and 3(5) of the B.N.S read with Section 3(1)(r),

                   3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribe
Patna High Court CR. APP (SJ) No.1598 of 2025(6) dt.13-02-2026
                                             2/4




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

          anticipatory bail of the appellant has been rejected.

                          3. As per the prosecution case, on 11.11.2024 at

          about 6:00 P.M., Mithilesh Yadav (appellant no. 1) blocked

          public path by dropping an electric pole in front of the door of

          Sushma        Devi's     (informant)        house,     causing   commuting

          difficulties for her family. Thereafter, when the informant began

          filling area with soil to restore the access, at that moment, the

          appellants along with their associates arrived and started

          assaulting the informant by means of lathi and danda and hurled

          caste-based slurs at her and Aman Kumar (son of Mithilesh

          Yadav) threatened to kill the informant and her family members.

          Accordingly, the FIR has been lodged.

                          4. Learned counsel appearing for the appellants

          submits that the appellants bear clean antecedent and are

          innocent. He further submits that it appears from the F.I.R. itself

          that there is general and omnibus allegation levelled against the

          appellants and nothing specific has been alleged against them. It

          is further submitted that there is a delay of 12 days in lodging

          the FIR without giving any plausible explanation for the same.

          No injury report has been brought on record to substantiate the

          alleged injuries. As regards allegation of abuse with the caste
Patna High Court CR. APP (SJ) No.1598 of 2025(6) dt.13-02-2026
                                             3/4




          name attracting the rigours of SC & ST Act is concerned, it is

          not committed in a public place nor any person has been named

          to be present at the place of occurrence when the alleged offence

          of abuse was being committed. He further submits that no case,

          as alleged in the F.I.R, attracting rigours of SC & ST Act, is

          made out against the appellants. Hence, the impugned order

          may be set aside and the appellants may be granted the privilege

          of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          as well as learned counsel for the informant has vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants.

                          6. Considering the entire facts and circumstances of

          the case and the fact that the appellants bear clean antecedent

          and the allegation does not seem to have been committed within

          public view, let the above named appellants in the event of their

          arrest/surrender within a period of six weeks be released on bail

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

          with two sureties of the like amount each to the satisfaction of

          the learned Exclusive Special Judge, SC/ST, Gaya, in

          connection with SC/ST P.S. Case No. 59 of 2024, subject to the

          conditions       laid     down      under       Section   482(2)   of   the
              Patna High Court CR. APP (SJ) No.1598 of 2025(6) dt.13-02-2026
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                        B.N.S.S/Section 438(2) of the Cr.P.C.

                                     7. Accordingly, this appeal is allowed and the

                        impugned order dated 20.03.2025 rejecting the prayer for grant

                        of anticipatory bail to the appellants is, hereby, set aside.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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