Patna High Court
Parmeshwar Yadav @ Parmeshwar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the appeal, setting aside the order rejecting anticipatory bail and granting bail to the appellants subject to conditions.
Summary
The appellants, three Yadavs, appealed against the order of the Exclusive Special Judge, SC/ST, Gaya, which had rejected their anticipatory bail application in a case registered under several IPC sections and the SC/ST (Prevention of Atrocities) Act. The FIR alleged that the appellants, armed with lathi and danda, verbally abused an informant by caste name, assaulted him with fists, brick and stone, and stole Rs.30,000. The appellants contended that the case was false, arising from a petty village dispute, and highlighted a 21‑day delay in lodging the FIR, lack of specific allegations, and their clean antecedent. The Special Public Prosecutor opposed bail. The Patna High Court, considering the nature of the accusations, the delay, and the appellants' clean record, granted anticipatory bail on condition of surrender within eight weeks and furnishing bail bonds of Rs.10,000 with two sureties. Consequently, the appeal was allowed and the impugned order set aside for the appellants.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the 21‑day delay in filing the FIR and the alleged lack of specific allegations justify granting bail.
- Whether the alleged acts fall within the ambit of the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 308, 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- delay in FIR
- bail conditions
- caste based violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2340 of 2024
Arising Out of PS. Case No.-70 Year-2023 Thana- SC/ST District- Gaya
======================================================
1. Parmeshwar Yadav @ Parmeshwar Kumar Son of Devaki Yadav Resident of
Village-Sabalpur, P.S. Fatehpur, District- Gaya.
2. Sonu Yadav @ Sonu Kumar Son of Devaki Yadav Resident of Village-
Sabalpur, P.S. Fatehpur, District- Gaya.
3. Raj Nandan Yadav @ Raj Nandan Kumar Son of Surendra Yadav @
Surendra Prasad Yadav Resident of Village-Sabalpur, P.S. Fatehpur, District-
Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunil Rajvanshi Son of Angeshwar Rajvanshi Resident of Village-Sabalpur,
P.S. Fatehpur, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anand Kishore Sinha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
Mr. Krishna Deo Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
20.03.2024 passed by learned Exclusive Special Judge, SC/ST,
Gaya in ABP No. 90 of 2024 arising out of SC/ST P.S. Case No.
70 of 2023 registered under Sections 341, 323, 308, 379, 504,
506/34 of the Indian Penal Code and Section 3(1)(r)(s) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
Patna High Court CR. APP (SJ) No.2340 of 2024(4) dt.15-01-2026
2/3
appellants has been rejected.
3. As per F.I.R., these appellants along with other
named accused persons, armed with lathi and danda, verbally
abused informant by caste name. Upon objection, the accused
persons assaulted informant with fist, brick and stone and
snatched Rs. 30,000/- from his pocket.
4. Learned counsel for the appellants submits that
both parties are co-villagers and due to petty dispute this false
and concocted case has been lodged. F.I.R. has been lodged
after inordinate delay of 21 days without any plausible
explanation, which itself raises doubt over veracity of the
prosecution case. Allegation against appellants is general and
omnibus. No specific allegation of any 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.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedent, let the appellants, as
Patna High Court CR. APP (SJ) No.2340 of 2024(4) dt.15-01-2026
3/3
named above, in the event of their arrest/surrender within a
period of eight weeks from today, 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 ABP No. 90
of 2024 arising out of SC/ST P.S. Case No. 70 of 2023.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 20.03.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…