Patna High Court
ASHOK YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted and the order rejecting bail was set aside.
Summary
The appellants, Ashok Yadav and Rajendra Yadav, were charged under IPC sections 341, 323, 308, 504/34 and Section 3(2)(V2) of the SC/ST (Prevention of Atrocities) Act for allegedly abusing a informant by caste name and assaulting him with an iron rod on 15‑12‑2022. They contended that the incident arose from a petty boundary dispute, that the allegations were vague and not made in public view, and that they had clean antecedents, thus seeking anticipatory bail. The Special Judge had rejected their bail application. On appeal, the Patna High Court considered whether the facts disclosed a cognizable offence under the SC/ST Act and whether bail was appropriate given the nature of the accusation and the appellants' clean record. The Court held that, considering the nature of the accusation and the clean antecedent, bail could be granted upon surrender within eight weeks and furnishing bail bonds. Consequently, the appeal was allowed and the order of the Special Judge was set aside for the appellants.
Issues considered
- Whether the allegations constitute an offence under Section 3(2)(V2) of the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted to the appellants under the circumstances.
- Whether the nature of the accusation and the appellants' antecedents justify bail.
Legislation cited
- Indian Penal Code — s. 308, 323, 341, 504/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V2)
Subjects
- anticipatory bail
- assault
- caste discrimination
- SC/ST Act
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2174 of 2023
Arising Out of PS. Case No.-720 Year-2022 Thana- WAJIRGANJ District- Gaya
======================================================
1. Ashok Yadav Son Of Rajendra Yadav Resident Of Village - Losighana, P.S. -
Wazirganj, District - Gaya
2. Rajendra Yadav Son Of Late Kedar Yadav Resident Of Village - Losighana,
P.S. - Wazirganj, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Nitu Chaudhary Son Of Bindeshwari Chaudhary Resident Of Village -
Amaithi Tola Mahuyet, P.S. - Wazirganj, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sanjeev Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-07-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
28.03.2023 passed by learned Exclusive Special Judge, SC/ST,
Gaya in ABP No. 88 of 2023 arising out of Wazirganj P.S. Case
No. 720 of 2022 registered under Sections 341, 323, 308,
504/34 of the Indian Penal Code and Section 3(2)(V2) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
Patna High Court CR. APP (SJ) No.2174 of 2023(4) dt.02-07-2026
2/3
appellants has been rejected.
4. As per F.I.R., on 15.12.2022 at about 7:30 PM,
when informant was at the shop of Rajesh Mistri, these
appellants came there and abused the informant by caste name.
Upon objection, appellant no. 1 assaulted on the head of
informant with iron rod and when family members of informant
came there to save him, they were also assaulted by the these
appellants.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. Due to
petty dispute over boundary, altercation took place between the
parties in which both sides sustained injuries. Allegation of
assault is general and omnibus and there is no allegation of any
specific overt act against the appellants. It is not the case of
informant that alleged incident occurred within public view and
as such, no case under SC/ST Act is made out against the
appellants. Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
Patna High Court CR. APP (SJ) No.2174 of 2023(4) dt.02-07-2026
3/3
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in
connection with Wazirganj P.S. Case No. 720 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 28.03.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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