Patna High Court
Chandan Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that anticipatory bail must be granted to the appellants, as no prima facie case under the SC/ST Act exists against them, subject to prescribed conditions.
Summary
The appellants, four Yadav brothers, were charged under multiple sections of the Bihar Penal Code, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Arms Act for allegedly assaulting an informant and his brother. They applied for anticipatory bail, which was denied by the Additional District and Sessions Judge. On appeal, the High Court examined whether the allegations attracted the SC/ST Act and noted that the FIR was lodged after a six‑day delay and that most of the charges were bailable. Finding no prima facie case of caste‑based abuse against the appellants, the Court granted anticipatory bail subject to a bond, sureties, and conditions of cooperation. The order of the lower court was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted despite charges under the SC/ST (POA) Act and the Arms Act.
- Whether the appellants can be said to have committed caste‑based offences attracting the SC/ST Act.
- Whether the delay in filing the FIR affects the grant of bail.
- Whether the offences alleged are bailable in nature.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
- Code of Criminal Procedure — s. 14(A)(2), 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- bailable offence
- Criminal Procedure Code
- Arms Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1709 of 2025
Arising Out of PS. Case No.-199 Year-2024 Thana- AKHODHIGOLA District- Rohtas
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1. Chandan Yadav @ Chandan Kumar S/o Inrama Yadav R/o Village- Suara,
P.S.- Baghaila, District- Rohtas
2. Rakesh Yadav @ Rakesh Kumar S/o Inrama Yadav R/o Village- Suara, P.S.-
Baghaila, District- Rohtas
3. Vikash Yadav @ Vikash Kumar S/o Inrama Yadav R/o Village- Suara, P.S.-
Baghaila, District- Rohtas
4. Ritesh Yadav @ Ritesh Kumar S/o Inrama Yadav R/o Village- Suara, P.S.-
Baghaila, District- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Kaushal Kumar S/o Basan Paswan R/o vill - Mahuari, P.S.- Akodhi Gola,
Distt.- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Kumar Tiwari, Advocate
For the Respondent/s : Ms.Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 05-01-2026 Heard the parties.
2. This appeal has been preferred under Sections
14(A)(2) against refusal of the prayer for anticipatory bail by
order dated 05.02.2025 passed by the learned Court of Addl.
District and Sessions Judge-XVII-cum-Special Judge, SC/ST
Act, Rohtas in connection with Akodhigola P.S. Case No.199 of
2024 registered under Sections 191(2), 191(3), 190, 126(2),
115(2), 303(2), 352 and 351(2) of the B.N.S and Sections 3(i)(r)
(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(POA) Act and Section 27 of the Arms Act.
Patna High Court CR. APP (SJ) No.1709 of 2025(4) dt.05-01-2026
2/3
3. The case of the prosecution is that on account of
some dispute, all the accused persons started abusing and
assaulting the informant and his brother Kaushal.
4. Learned counsel for the appellants at the outset
submits that it would be apparent from the F.I.R itself that F.I.R
has been lodged after a delay of six days and barring Section
303(2) of the B.N.S and provisions of the SC/ST Act, all other
sections are bailable in nature. Since the allegation itself is that
the accused persons had come to the house of the informant,
hence, there is no question of any public view and provisions of
SC/ST Act would not be attracted. Further, the allegations of
caste based abuses is not attributed to these appellants. The
appellants undertake to co-operate in investigation/trial.
5. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants based
upon the allegation made in the F.I.R.
6. In view of the fact there is no allegation what-so-
ever with regard to any caste based abuses, no offence under the
provisions of Scheduled Castes and Scheduled Tribes Act prima
facie seems to be made out against the appellants.
7. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
Patna High Court CR. APP (SJ) No.1709 of 2025(4) dt.05-01-2026
3/3
allegations of assault and hurling caste based abuses is upon
other accused persons and not the appellants herein, let the
appellants, above named, in the event of their arrest to surrender
before the Court below within a period of thirty days from the
date of receipt of the order, be released on anticipatory bail on
furnishing each of them bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Court of Addl. District and Sessions
Judge-XVII-cum-Special Judge, SC/ST (POA) Act, Rohtas in
connection with Akodhigola P.S. Case No.199 of 2024, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure and subject to the following conditions:-
(I) One of the bailors shall be the close
relative or family members.
(II) The appellants shall co-operate in the
investigation/trial and in case it is found that appellants
are not co-operating in the investigation, the
prosecution would be at liberty to move for cancellation
of bail.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Sandeep Kumar, J)
tusharika/-
U T
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