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Patna High Court

Akhilesh Yadav@Akhilesh KumarversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.

Summary

The appellants, Akhilesh Yadav and his wife, appealed under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act against the refusal of anticipatory bail in a case involving alleged assault, caste abuse, and theft under several IPC sections and provisions of the SC/ST Act. They argued that the allegations were false, stemming from a domestic dispute between the informant and her husband, who was residing as a tenant in the appellants' house. The State opposed the bail, maintaining that the offences were cognizable and warranted detention. The High Court examined the submissions, noted the lack of substantive evidence and the possibility of false implication, and set aside the lower court’s order refusing bail. It granted anticipatory bail subject to a bond of Rs 5,000 with two sureties and conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act in the present facts.
  • Whether the allegations constitute offences under the IPC and SC/ST Act warranting denial of bail.
  • Whether the appellants have been falsely implicated in the case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • assault
  • caste based violence
  • IPC offences
  • CrPC Section 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2359 of 2024
                    Arising Out of PS. Case No.-147 Year-2024 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
           1.     Akhilesh Yadav@Akhilesh Kumar Son of Late Sukhdev Yadav R/O
                  VILLAGE- CHARKAWAN, NICHALI DIH, P.S.- RAFIGANJ DISTRICT-
                  AURANGABAD, BIHAR
           2.    Reeta Devi@Rita Devi W/O Akhilesh                    Yadav R/O         VILLAGE-
                 CHARKAWAN, NICHALI DIH, P.S.-                        RAFIGANJ          DISTRICT-
                 AURANGABAD, BIHAR

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State Of Bihar
           2.    Lalti Devi W/O Sadanand Ram R/O VILLAGE- CHARKAWAN, NICHALI
                 DIH, P.S.- RAFIGANJ DISTRICT- AURANGABAD, BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Lalbahadur Singh, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   25-03-2026                     1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State.

                                   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

                   order dated 02.05.2024 in A.B.P. No. 772 of 2024 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Aurangabad in connection with Rafiganj

                   P.S. Case No. 147 of 2024 registered for the offences punishable
Patna High Court CR. APP (SJ) No.2359 of 2024(4) dt.25-03-2026
                                             2/4




          under Sections 341, 323, 379, 504, 506 and 34 of the Indian

          Penal Code as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of

          the SC/ST Act.

                          3. Learned counsel for the appellants submits that

          from perusal of the office report dated 18.03.2026, it would

          manifest that the ordinary notice has been validly served on the

          respondent no. 2, but then no one appears on behalf of the

          respondent no. 2 to contest the case.

                          4. Learned counsel for the appellants submits that

          the appellants are persons with clean antecedent and appellant

          no. 2 is a woman and the informant alleges that her husband,

          Sadanand, lives separately from her in the house of Akhilesh on

          rent, further her daughter had gone to the house of Akhilesh for

          asking money from their father, but money was not given, thus,

          the daughters came back, thereafter, Akhilesh, his wife and

          brother of his wife came on 09.04.2024 at 08:00 AM to her

          house and assaulted her and her daughters and abused by taking

          caste name and tore cloths of her daughter and brother-in-law of

          Akhilesh took earrings of her daughter and also took away Rs.

          20,000/- from the shop.

                          5. The learned counsel for the appellants submits

          that appellants have been falsely implicated in the instant case.
Patna High Court CR. APP (SJ) No.2359 of 2024(4) dt.25-03-2026
                                             3/4




          It is next submitted that husband of the informant is staying in

          the house of appellant no. 1 on rent and appellant no. 2 is wife

          of appellant no. 1. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that the

          dispute is in between the informant and her husband. It is also

          submitted that it absolutely does not stand to reason that as to

          why the appellants would have come to the house of the

          informant for committing the occurrence. It is next submitted

          that since husband of the informant is staying in the house of the

          appellant no. 1, as such, the informant instituted the instant case

          with false allegations so that appellants are pressurized to oust

          her husband from the house. It is next submitted that even

          presuming what has been alleged is true without admitting, then

          the entire occurrence took place inside the house of the

          informant and thus was not in public view. It is further

          submitted that as far as allegation of snatching earring and Rs.

          20,000/-, tearing cloths and assault is alleged, the same is

          ornamental and exaggerated.

                          6. Learned Spl. P.P. for the State opposes the

          appeal.

                          7. In view of the submissions made by the learned

          counsel for the appellants, the order dated 02.05.2024 in A.B.P.
            Patna High Court CR. APP (SJ) No.2359 of 2024(4) dt.25-03-2026
                                                         4/4




                      No. 772 of 2024 passed by the learned 1st Additional Sessions

                      Judge-cum-Special Judge S.C./S.T. (POA) Act, Aurangabad in

                      connection with Rafiganj P.S. Case No. 147 of 2024, is hereby

                      set aside and the appellants above-named, in the event of their

                      arrest or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      5,000/- (Rupees Five Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned court below

                      where the case is pending/successor court in connection with

                      Rafiganj P.S. Case No. 147 of 2024 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                      8. Accordingly, the appeal stands allowed.



                                                               (Satyavrat Verma, J)
Rishabh/-

U      T


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