Patna High Court
MIthilesh Yadav @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed in part: anticipatory bail is denied to appellant No.1 but granted to appellants Nos.2‑5 with conditions.
Summary
The appellants appealed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of anticipatory bail in a case involving alleged caste‑based assault, robbery and injury. The informant alleged that on 22‑02‑2025 the appellants, along with two unknown persons, assaulted him, used caste slurs, and stole cash and a silver chain. The appellants contended they were falsely implicated and that the alleged injuries were minor. The High Court, after hearing counsel, denied anticipatory bail to appellant No.1 (Mithilesh Yadav) but granted it to appellants Nos.2‑5 subject to a bail bond of Rs.10,000 and two sureties, invoking its inherent powers under Section 482 of the CrPC. Consequently, the order refusing bail was set aside and the appeal was allowed in part.
Issues considered
- Whether the appellants are entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act in view of the alleged offences.
- Whether the allegations of caste‑based assault and robbery justify denial of anticipatory bail.
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to modify the lower court's order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115, 126(2), 303(2), 3(5), 351(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(s), 3(2)(va), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- Section 482 CrPC
- bail conditions
- Indian Penal Code offences
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2202 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- SC/ST District- Madhepura
======================================================
1. Mithilesh Yadav @ Mithlesh Kumar S/O Dipnarayan Yadav R/O Village-
Gandhinagar, Ward No.-02, P.S- Bharrahi, Distt.- Madhepura (Bihar).
2. Arjun Yadav @ Arjoon Yadav @ Arjun Kumar S/O Dipnarayan Yadav R/O
Village- Gandhinagar, Ward No.-02, P.S- Bharrahi, Distt.- Madhepura
(Bihar).
3. Raja Kumar S/O Arjun Yadva @ Arjoon Yadav @ Arjun Kumar R/O
Village- Gandhinagar, Ward No.-02, P.S- Bharrahi, Distt.- Madhepura
(Bihar).
4. Lalan Yadav @ Lalan Kumar S/O Late Dev Krishna Yadav R/O Village-
Gandhinagar, Ward No.-02, P.S- Bharrahi, Distt.- Madhepura (Bihar).
5. Amit Kumar @ Amit Yadav S/O Late Dev Krishna Yadav R/O Village-
Gandhinagar, Ward No.-02, P.S- Bharrahi, Distt.- Madhepura (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Santosh Ram S/O Chano Ram R/O Village- Lenin Nagar, Ward No. 05, P.S-
Bharrahi, Dist.- Madhepura, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amarnath Jha, Adv
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP
Mr. Kumar Praveen, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 20-01-2026 1. Heard learned counsel for the appellants; learned
Spl. P.P. for the State, Sri Sadanand Paswan and the learned
counsel appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
Patna High Court CR. APP (SJ) No.2202 of 2025(4) dt.20-01-2026
2/4
order dated 7-5-2025 in A.B.P. No. 436 of 2025 passed by the
learned 1st Additional District and Sessions Judge-cum-Special
Judge S.C./S.T. (POA) Act, Madhepura in connection with
Madhepura SC/ST P.S. Case No. 4 of 2025 registered for the
offences punishable under Sections 126(2), 115, 109, 303(2),
352, 351(2), 351(3) and 3(5) of the BNS as well as Sections 3(i)
(r), 3(1)(s), 3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellant submits that the
appellant nos. 1, 2 and 3 are persons with clean antecedent and
appellants nos. 4 and 5 have antecedent of one case and the
informant alleges that on 22-2-2025 at 9 am he had come to the
house of Vijay for doing labour work, further at 12 noon the
appellants along with two unknown accused came and abused
him by taking caste name and said why he has come to work for
Vijay and all the accused assaulted him by lathi and rod, further
Mithlesh assaulted by rod causing injury on head, further Arjun
took Rs. 3,500/- from his pocket while Lalan snatched his silver
chain, further on alarm Vijay and villagers came and saved him
and took him to hospital.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that even presuming what has
Patna High Court CR. APP (SJ) No.2202 of 2025(4) dt.20-01-2026
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been alleged is true without admitting then specific allegation of
assault is against Mithlesh and as far as allegation of abuse and
snatching cash and silver chain is alleged, the same is
ornamental in nature. It is further submitted that it does not
appear probable that all the accused in one go would have
abused the informant by taking caste name. It is fairly submitted
that informant has suffered injury on head but then the same has
been opined to be simple in nature.
5. Learned Spl. P.P. for the State and the learned
counsel appearing on behalf of the informant opposes the prayer
for anticipatory bail of the appellants.
6. After hearing the learned counsel for the parties,
the Court is not inclined to extend the privilege of anticipatory
bail to Mithilesh Yadav @ Mithlesh Kumar (appellant no. 1).
7. However, with regard to appellant nos. 2, 3, 4 and
5, in the event of their arrest or surrender before the learned trial
court within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with the
aforesaid case, subject to the conditions as laid down under
Patna High Court CR. APP (SJ) No.2202 of 2025(4) dt.20-01-2026
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Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and
the appeal stands allowed with respect to appellant nos. 2, 3, 4
and 5.
(Satyavrat Verma, J)
Sumit/-
U T
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