Patna High Court
Kapil Yadav @ Kapildeo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court set aside the lower court’s order and granted anticipatory bail to the appellants.
Summary
The appellants, Kapil Yadav, Naresh Yadav and Sanjay Yadav, were charged under sections of the Bihar Nagarik Suraksha Act, 2023 and the SC/ST (Prevention of Atrocities) Act for allegedly entering an informant's house, harassing his family and using caste-based abusive language. The appellants contended that the FIR was filed as a retaliatory measure in a dispute over a public passage that the informant had blocked, and that the police had already mediated the matter without arresting them. The Special Judge had rejected their anticipatory bail application. On appeal, the Patna High Court examined the nature of the allegations, the underlying property dispute, and the possibility of abuse of the legal process, and concluded that anticipatory bail was appropriate. The Court set aside the Special Judge’s order, granted anticipatory bail to the appellants, and directed them to furnish bail bonds and sureties within four weeks, subject to conditions under Section 482(2) of the Bihar Nagarik Suraksha Act. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged caste-based harassment and offences under the Bihar Nagarik Suraksha Act, 2023 and the SC/ST (POA) Act.
- Whether the FIR constitutes an abuse of process arising from a civil dispute over a public passage.
- Whether Section 482(2) of the Bihar Nagarik Suraksha Act empowers the court to grant anticipatory bail in the circumstances.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s)(w)(i), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste harassment
- public passage dispute
- abuse of process
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2502 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Kapil Yadav @ Kapildeo Yadav S/o- Late Hira Yadav Village- Mor, W.No-
12, Ps- Mokama Dist- Patna
2. Naresh Yadav S/o- Late Hira Yadav Village- Mor, W.No-12, Ps- Mokama
Dist- Patna
3. Sanjay Yadav S/o- Naresh Yadav Village- Mor, W.No-12, Ps- Mokama Dist-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Vinod Paswan S/o- Late Sukhdev Paswan Village- Mor W.No-12, Ps-
Mokama Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dinkar Kumar
For the Respondent/state: None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 16-04-2026 1. Heard the parties.
2. This memo of appeal is directed against the order dated
21.05.2025 by which the learned court of Exclusive Special
Judge SC/ST Act, Patna has rejected the anticipatory bail appli-
cation bearing ABP No. 1473/2025 in connection with Mokama
P.S. Case No. 109 / 2025 dated 14/03/2025 instituted under Sec-
tions 332 (c), 74, 115(2), 3(5) of the BNS, 2023 and under Sec-
tion 3(1)(r)(s)(w)(i) / 3 (2) (va) of the SC/ST (P.O.A) Act.
3. As per the F.I.R. on 14.03.2025 in the night around 9:00
P.M. the appellant no. 3 -Sanjay Yadav entered into the
informant’s house and started harassing his family. Thereafter,
Patna High Court CR. APP (SJ) No.2502 of 2025(4) dt.16-04-2026
2/3
the co-accused and appellants came and started abusing by
taking caste name then the informant called the police.
4. Learned counsel for the appellants submits that appellants
have falsely been implicated in this case in abuse of the process
of court inasmuch as due to dispute regarding gully / public
passage, the present F.I.R. has been lodged. The informant has
forcibly blocked public passage / gully of Ward No. 12 which
was the main passage of the residents of Ward No. 12 including
passage leading to the appellants’ house. The appellants have
protested against the blocking of gully / public passage and
thereafter the informant has lodged the present case. The Police
arrived on the date of occurrence and after pacifying the dispute
directed for opening the public passage / gully went away
without arresting the appellants. The allegation of calling by
caste name is not in full public view and the same is an exagger-
ation. The blockage of public passage was subject matter of
Local Gram Kachehari, Gram Panchayat Raj, Mor West in Case
No. 12 / 2022 dated 04.04.2022. The aggrieved residents of the
ward went to Gram Kachehari and proceeding under Bihar
Gram Kachehari Sanchalan Niyamwali, 2007 was initiated in
which informant was also a party and final order was passed
against the informant.
Patna High Court CR. APP (SJ) No.2502 of 2025(4) dt.16-04-2026
3/3
5. No one appears for the respondent no. 2 as well as Spl.
Public Prosecutor for the SC/ST Act.
6. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation and the fact
that there appears to be dispute regarding passage between the
appellants and the informant accordingly, I am inclined to grant
anticipatory bail to the appellants.
7. Accordingly, the order dated 21.05.2025 passed by the
court of Exclusive Special Judge SC/ST Act, Patna in ABP No.
1473/2025 arising out of Mokama P.S. Case No. 109 / 2025 is
hereby set aside. The appeal is allowed.
8. Let the appellants, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Court of Exclusive Special Judge SC / ST Act, Patna in connec-
tion with Mokama P.S. Case No. 109 / 2025 subject to the
condition as laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
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