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Patna High Court

Anand Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the appeal and granted anticipatory bail to the appellant, setting aside the lower court’s order denying bail.

Summary

Anand Kumar Yadav was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for assaulting an informant’s family, using caste slurs, and causing injuries. He sought anticipatory bail, arguing a clean antecedent, a 23‑day delay in filing the FIR, lack of medical evidence, and that co‑accused persons in similar circumstances had already been granted bail. The Special Public Prosecutor opposed the bail. The Court noted the appellant’s clean record, the unexplained FIR delay, and the precedent of bail to co‑accused, and held that these factors justified granting anticipatory bail subject to conditions. Accordingly, the appeal was allowed, setting aside the trial court’s order rejecting bail and directing that the appellant be released on bail upon surrender with a bond and sureties.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting anticipatory bail under the SC/ST (Prevention of Atrocities) Act in view of the appellant’s clean antecedent and delay in FIR filing?
  • Does the similarity of the appellant’s case to that of co‑accused who were granted bail warrant a similar relief?

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • delay in FIR
  • clean antecedent
  • bail jurisprudence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1847 of 2025
                       Arising Out of PS. Case No.-10 Year-2025 Thana- SC/ST District- Madhubani
                 ======================================================
                 Anand Kumar Yadav Son of Sita Ram Yadav vill-Khajauli , P.S.- Khajauli,
                 Dist- Madhubani

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Ashok Kumar Ram Modhri Ram vill- khajauli, P.S.- Khajauli

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Kumari Pallavi, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   13-02-2026                    Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                  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

                   07.04.2025 passed by learned ADJ-1st-cum- Special Judge

                   SC/ST Act, Madhubani, in A.B.P. No. 492 of 2025 in connection

                   with SC/ST P.S. Case No. 10 of 2025, registered under Sections

                   191(2), 191(3), 115(2), 126, 117, 303(2), 76, 329(3), 352,

                   351(2) of the B.N.S read with Section 3(1)(r), 3(1)(s), 3(1)(w)(i)

                   and 3(2)(va) of Scheduled Castes and Scheduled Tribe
Patna High Court CR. APP (SJ) No.1847 of 2025(3) dt.13-02-2026
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          (Prevention of Atrocities) Act, 1989, whereby the prayer for

          grant of anticipatory bail of the appellant has been rejected.

                          3. As per the prosecution case, on 26.012025 at

          about 11:00 P.M., the appellant along with other co-accused

          persons, namely, Govind Kumar Yadav, Indal Yadav, Prahlad

          Yadav, Munna Yadav, Manish Kumar, Sonu Yadav, Hari Yadav,

          Bhogendra Yadav and Manoj Yadav entered the house of the

          informant and started assaulting him repeatedly and abusing him

          by taking his caste name. On being rescued by Mamta Devi

          (wife of the informant) and America Devi (Mother of the

          informant), Anand Kumar (appellant) outraged the modesty of

          the informant’s wife by tearing her cloth and also beating the

          mother of the informant due to which she got injury in her waist

          bone. It is further alleged that the co-accused Govind Yadav

          snatched the mangalsutra and nose ring from Mamta Devi. On

          hulla, the commotion started and everyone entered the house of

          one Anita Devi and started misbehaving with her family

          member and they also broke the asbestos house. Further, the

          informant was taken to Sadar Hospital, Madhubani, for

          treatment.

                          4. Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and is
Patna High Court CR. APP (SJ) No.1847 of 2025(3) dt.13-02-2026
                                             3/4




          innocent. Learned counsel further submits that there is an

          unexplained delay of 23 days in lodging the present FIR. No

          injury report has been brought on record to substantiate the

          alleged injuries. From bare perusal of the FIR it would evident

          that there is no specific allegation or any overt act alleged

          against the appellant. Moreover, co-accused persons, namely,

          Hari Yadav, Manish Kumar Yadav, Indal Yadav, Manoj Yadav

          and Govind Kumar Yadav have already been granted the

          privilege of anticipatory bail by co-ordinate Bench of this Court

          in Cr. Appeal (SJ) No. 1696 of 2025 dated 25.11.2025 and the

          case of the appellant is similar to that of the aforesaid co-

          accused. As regards allegation of abuse with the caste 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 appellant. Hence, the impugned order may

          be set aside and the appellant may be granted the privilege of

          anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          has vehemently opposed the prayer for grant of anticipatory bail
              Patna High Court CR. APP (SJ) No.1847 of 2025(3) dt.13-02-2026
                                                           4/4




                        to the appellant.

                                        6. Considering the entire facts and circumstances of

                        the case and also the fact that the appellant bears clean

                        antecedent coupled with the fact that there is an unexplained

                        delay of 23 days in lodging the FIR and the fact that the co-

                        accused persons, having more or less similar allegations, have

                        already been granted the privilege of anticipatory bail by the co-

                        ordinate Bench of this Court, let the above named appellant in

                        the event of his arrest/surrender within a period of six weeks be

                        released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of the learned ADJ-1st-cum- Special Judge SC/ST

                        Act, Madhubani, in connection with SC/ST P.S. Case No. 10 of

                        2025, subject to the conditions laid down under Section 482(2)

                        of the B.N.S.S/Section 438(2) of the Cr.P.C.

                                     7. Accordingly, this appeal is allowed and the

                        impugned order dated 07.04.2025 rejecting the prayer for grant

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



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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