Patna High Court
Amarjeet Yadav @ Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to bond and sureties.
Summary
The appellants, residents of Simarhua village, were charged under IPC sections 341, 323, 504, 506, 354/34 and Sections 3(1)(r), (s), (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing an informant by caste name and attempting to outrage her modesty. They applied for anticipatory bail, which was rejected by the Additional District & Sessions Judge. On appeal, counsel argued that the allegation was a false, concocted case arising from a prior verbal dispute, that no specific overt act was detailed, and that the incident did not occur in public view, thus not attracting liability under the SC/ST Act. The State opposed the bail. Considering the nature of the accusation and the appellants' clean antecedent, the High Court granted bail on the condition of a Rs.10,000 bond with two sureties for each appellant. Consequently, the order rejecting anticipatory bail was set aside for the appellants.
Issues considered
- Whether the allegations constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- Whether the appellants are entitled to anticipatory bail despite the pending charges under the IPC and SC/ST Act
- Whether the prosecution has disclosed a specific overt act sufficient to deny bail
Legislation cited
- Indian Penal Code — s. 323, 341, 354/34, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- caste based harassment
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2368 of 2025
Arising Out of PS. Case No.-38 Year-2024 Thana- FESHAR District- Aurangabad
======================================================
1. Amarjeet Yadav @ Amarjeet Kumar S/O Vindeshwar Yadav R/O Village-
Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar).
2. Punam Kumari D/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S-
Fesar, Distt.- Aurangabad (Bihar).
3. Yogendra Yadav @ Jugendra Kumar @ Yogendra Kumar S/O Shivpujan
Yadav R/O Village- Simarhua, Dosam, P.S- Fesar, Distt.- Aurangabad
(Bihar).
4. Jitan Kumar S/O Shivpujan Yadav R/O Village- Simarhua, Dosam, P.S-
Fesar, Distt.- Aurangabad (Bihar).
5. Anita Devi @ Soniya Devi W/O Shivpujan Yadav R/O Village- Simarhua,
Dosam, P.S- Fesar, Distt.- Aurangabad (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Urmila Kumari Nanku Rajak Simarhua, Dosam, P.S. Fesar
2. Urmila Kumari D/O Nanku Rajak R/O Village- Simrahua, P.S- Fesar, Distt.-
Aurnagabad (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aman Vishal, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Birendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-03-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
22.05.2025 passed by learned Additional District & Sessions
Judge 1st cum Special Judge (SC/ST, NDPS & Children Act),
Aurangabad (Bihar) in ABP No. 1121 of 2025 arising out of
Fesar P.S. Case No. 38 of 2024, registered under Sections 341,
Patna High Court CR. APP (SJ) No.2368 of 2025(3) dt.12-03-2026
2/3
323, 504, 506, 354/34 of the Indian Penal Code and Sections
3(1)(r), 3(1)(s), 3(1)(w) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
3. As per F.I.R., all the named accused persons,
including these appellants, abused informant by caste name and
tried to outrage her modesty.
4. Learned counsel for the appellants submits that
both parties are co-villagers and prior to the alleged occurrence,
verbal quarrel took place between them over the use of common
pathway and taking advantage of the situation, this false and
concocted case has been lodged. Allegation against the
appellants is general and omnibus and there is no allegation of
any specific overt act against them. Moreover, it is not the case
of informant that alleged incident occurred within public view,
as such, no offence under SC/ST Act is made out against the
appellants. Appellants claim clean antecedent.
5. Learned counsel for the State and respondent no. 2
vehemently opposed the bail application.
6. 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.2368 of 2025(3) dt.12-03-2026
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 Additional District & Sessions Judge 1st
cum Special Judge (SC/ST, NDPS & Children Act), Aurangabad
(Bihar) in ABP No. 1121 of 2025 arising out of Fesar P.S. Case
No. 38 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 22.05.2025 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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