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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court held that the appellants are entitled to anticipatory bail, subject to conditions, as the allegations of caste abuse were not made in public view and the FIR delay undermines the prosecution’s case.

Summary

The appellants were accused of assaulting an informant and his relatives over a dispute concerning a she‑goat, with allegations that they used caste‑based slurs. The prosecution charged them under several provisions of the Bhartiya Nyay Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the trial court rejected their application for anticipatory bail. The appellants contended that the FIR was lodged eight days after the incident, the alleged caste abuse did not occur in public view, and the charges were exaggerated. The Special Public Prosecutor could not refute these points, and the High Court noted the lack of material to substantiate the allegations and the procedural delay. Consequently, the High Court allowed the appeal, set aside the lower court’s order, and granted anticipatory bail subject to conditions under Sections 438 and 482 of the Cr.P.C.

Issues considered

  • Whether anticipatory bail can be granted in offences punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether the alleged caste‑based abuse was made in public view, attracting the provisions of the SC/ST Act.
  • Whether the eight‑day delay in lodging the FIR warrants denial of bail.
  • Whether the charges under the Bhartiya Nyay Sanhita are maintainable in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste abuse
  • delay in FIR
  • Bhartiya Nyay Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2344 of 2025
                         Arising Out of PS. Case No.-110 Year-2024 Thana- SC/ST District- Purnia
                 ======================================================
           1.     Pappu Yadav Son of Shri Badri Yadav Resident of Village and Post- Goasi,
                  Ps - K. Nagar, Dist- Purnea
           2.    Gourav Yadav @ Gourav Kr. yadav Son of Shri shobhakant Yadav Resident
                 of Village and Post- Goasi, Ps - K. Nagar, Dist- Purnea
           3.    Badri Yadav son of Late Baijnath Yadav Resident of Village and Post- Goasi,
                 Ps - K. Nagar, Dist- Purnea
           4.    Mantu Yadav Son of Shri Badri yadav Resident of Village and Post- Goasi,
                 Ps - K. Nagar, Dist- Purnea
                                                                         ... ... Appellants
                                                 Versus
           1.    The State of Bihar
           2.    Sanjay Paswan Son of Shri Dhaneshwar Paswan Resident of Village and
                 Post- Goasi, Ps - K. Nagar, Dist- Purnea

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellants      :         Mr. Suresh Kumar, Advocate
                 For the Respondent-State:         Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   18-02-2026                   Heard learned counsel for the appellants and learned

                   Special Public Prosecutor appearing for the State. No one

                   appears on behalf of respondent No.2.

                                   2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   16.04.2025 passed by learned Additional Sessions Judge-I-cum

                   Special Judge (SC/ST) Purnea, in A.B.P. No. 19 of 2025, in

                   connection with SC/ST P.S. Case No. 110 of 2024, registered

                   under Sections 126(2), 115(2), 117(2), 76, 303(2), 352,
Patna High Court CR. APP (SJ) No.2344 of 2025(3) dt.18-02-2026
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          351(2)/3(5) of the Bhartiya Nyay Sanhita, 2023, and Section

          3(1)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes

          (Prevention of Atrocities) Act, 1989, whereby the prayer for

          grant of anticipatory bail of the appellants has been rejected.

                          3. As per the prosecution case, the informant

          alleged that on 08.12.2024 at 09:00 AM, he after tying his sea-

          goat to graze in a field went to ply his vehicle. When he came

          back his home at 07:00 PM, his wife told that Badri Yadav

          (appellant No. 3) had taken away their she-goat. Thereafter, on

          the next day, i.e., on 09.12.2024, at 07:00 AM, when the

          informant went to the house of Badri Yadav and asked about his

          she-goat, he was asked to come in the evening. In the evening,

          at 07:00 PM, when the informant went to the house of Badri

          Yadav and asked about the she-goat, the accused-appellants

          armed with rod and khanti, rushed towards the informant and

          Badri Yadav abusing the informant by taking his caste name

          exhorted the other accused persons to assault him, upon which

          appellant Pappu Yadav and Gaurav Yadav inflicted rod blow, as

          a result of which the informant received injury on his head and

          fell down, thereafter all the accused persons assaulted him.

          When the brother-in-law of the informant, namely, Munna

          Paswan, and Lalita Devi, the wife of brother-in-law of the
Patna High Court CR. APP (SJ) No.2344 of 2025(3) dt.18-02-2026
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          informant, came to his rescue, accused Badri Yadav thrashed

          Lalita Devi on the ground by her hair and assaulted her. It is also

          alleged that they apart from assaulting Munna Paswan, the

          appellants also tried to strangulate him by pressing his neck and

          Gaurav Yadav inflicted rod blow on his head, which he tried to

          defy by his hand, resulting into fracture in his palm. It is also

          alleged that they also tore the clothes of Lalita Devi and Badri

          Yadav and Mantu Yadav took out Rs.5,000/- from the pocket of

          the informant and on arrival of the passersby, their lives were

          saved. They even did not turn up for panchayati.

                          4. Learned counsel for the appellants submits that

          there is delay of eight days in lodging the present FIR without

          any plausible explanation. The dispute arose on account of

          grazing of she-goat. The allegation with respect to Section 76

          and 303(2) of the BNS is ornamental in nature and has been

          made with a view to make the case serious. As regards, the

          allegation of abusing with the caste name attracting the rigors of

          SC & ST Act is concerned, it is submitted that the place of

          occurrence is alleged to be a public place, but it is not alleged

          that any public was present so as to attract the provisions of

          SC/ST Act. Hence, the impugned order may be set aside and

          the appellants may be granted the privilege of anticipatory bail.
Patna High Court CR. APP (SJ) No.2344 of 2025(3) dt.18-02-2026
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                          5. Learned Special Public Prosecutor for the State

          has opposed the prayer for grant of anticipatory bail to the

          appellants. However, he could not controvert the submissions

          advanced on behalf of the appellants that the allegation of abuse

          does not appear to be made within the public view.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that there is delay of eight days in

          lodging of the FIR and the allegation of abuse with caste name

          does not appear to be made within the public view coupled with

          the    fact    that     despite     entering      of   appearance   through

          vakalatnama, there is no representation on behalf of the

          informant and no material is there on the record to substantiate

          the allegations levelled in the FIR, let the above named

          appellants, in the event of their arrest/surrender within a period

          of six weeks, be released 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 learned learned Additional

          Sessions Judge-I-cum Special Judge (SC/ST), Purnea, in

          connection with SC/ST P.S. Case No. 110 of 2024, 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
          Patna High Court CR. APP (SJ) No.2344 of 2025(3) dt.18-02-2026
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                    impugned order dated 16.04.2025 rejecting the prayer for grant

                    of anticipatory bail to the appellants is set aside.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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