Patna High Court
Sanjay Kumar @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to conditions.
Summary
The appellants, three brothers, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC provisions for allegedly forming an unlawful assembly, assaulting the wife and daughter‑in‑law of an informant, using caste‑based slurs, and forcibly taking money and jewellery. They applied for anticipatory bail, which was rejected by the Special Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court considered the appellants' clean antecedent, the two‑day delay in lodging the FIR, and the factual circumstances of the alleged caste abuse. Weighing these factors, the Court held that bail could be granted subject to a bond and sureties, and set aside the lower court’s order denying anticipatory bail. Consequently, the appeal was allowed and the appellants were released on bail with conditions.
Issues considered
- Whether the appellants are entitled to anticipatory bail under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the delay of two days in filing the FIR and the appellants' clean antecedent justify granting bail.
- Whether the alleged caste‑based slur falls within the ambit of the SC/ST Act for denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 147, 323, 34, 341, 354(B), 379, 385, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)(2)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- unlawful assembly
- robbery
- assault
- bail conditions
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1959 of 2025
Arising Out of PS. Case No.-9 Year-2019 Thana- SC/ST District- Khagaria
======================================================
1. Sanjay Kumar @ Sanjay Yadav S/O Late Uchit Yadav Resident of Village-
Bartar, P.S- Alauli, District- Khagaria.
2. Ravindra Yadav @ Ravindra Kumar S/O Late Uchit Yadav Resident of
Village- Bartar, P.S- Alauli, District- Khagaria.
3. Rajeev Kumar @ Rajeev Yadav S/O Late Uchit Yadav Resident of Village-
Bartar, P.S- Alauli, District- Khagaria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Hare Ram Rajak S/O Lakhan Rajak R/o Village- Bartar, P.S- Alauli, Distt.-
Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rahul Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellants 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
06.05.2025 passed by learned Special Judge (SC/ST Act),
Khagaria, in A.B.P. No. 26 of 2025 in connection with SC/ST
P.S. Case No. 09 of 2019, registered under Sections 147, 341,
Patna High Court CR. APP (SJ) No.1959 of 2025(5) dt.13-02-2026
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323, 385, 379, 354(B), 504, 506/34 the I.PC. read with Section
3(1)(r)(s)(2) of Scheduled Castes and Scheduled Tribe
(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 27.05.2019 at
about 7:00 A.M., Sanjay Yadav (appellant no. 1) Ravindra
Yadav (appellant no. 2) and Rajeev Yadav (appellant no. 3)
accompanied by 10 unknown persons, formed an unlawful
assembly in front of the informant's house. Subsequently, a
dispute erupted regarding a sum of Rs. 50,000/- which was
previously advanced by the accused to the informant. When the
informant, namely, Hare Ram Rajak, expressed his financial
inability to settle the debt then the situation escalated and the
accused persons forcibly entered the house of the informant and
assaulted the wife and daughter-in-law of the informant and
hurled caste-based slurs at the informant. When the son of the
informant, namely, Dipak intervened to mediate the situation,
the accused persons on the point of pistol took away Rs.
50,000/- from the box along with several gold ornaments from
the house of the informant.
4. Learned counsel appearing for the appellants
submits that the appellants bear clean antecedent and are
Patna High Court CR. APP (SJ) No.1959 of 2025(5) dt.13-02-2026
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innocent. Learned counsel submits that there is a land dispute
between the parties and, in fact, the appellants have themselves
given land to the informant out of generosity and no such
alleged occurrence took place as alleged in the FIR. It is further
submitted that there is a delay of two days in lodging the FIR
without giving any plausible reason for the same. 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
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
has vehemently opposed the prayer for grant of anticipatory bail
to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
antecedent coupled with the fact that there is a delay of two days
in lodging the FIR, let the above named appellants in the event
of their arrest/surrender within a period of six weeks be released
Patna High Court CR. APP (SJ) No.1959 of 2025(5) dt.13-02-2026
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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 Special Judge (SC/ST Act), Khagaria, in
connection with SC/ST P.S. Case No. 09 of 2019, 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 06.05.2025 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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