Patna High Court
Ramjivan Yadav @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail to the appellants subject to conditions.
Summary
The appellants were accused of assaulting the complainant's son and others during a Holi celebration, allegedly using rods and lathis, and of molesting a woman and stealing her jewellery while abusing caste names. The prosecution sought to deny anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, invoking several provisions of the Bihar Negotiable Statutes (B.N.S.) including sections 109, 190, 191(2), 126(2), 115(2), 303(2) and 352. The appellants contended they were innocent, that the incident stemmed from a dispute over an objectionable song, that there was no injury report, and that the alleged caste abuse did not occur in public view. The court observed that both parties had filed cases against each other under Section 109 of the B.N.S., that the alleged abuse was not in public, and that the lack of medical evidence weakened the prosecution's case. Consequently, the court allowed the appeal, set aside the order rejecting anticipatory bail, and directed that the appellants be released on bail with specified bond and surety conditions, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the appellants under Section 14A(2) of the SC/ST Act in view of the alleged offences.
- Whether the alleged acts constitute cognizable offences under the cited sections of the Bihar Negotiable Statutes.
- Whether the alleged caste-based abuse was made in a public place, affecting the applicability of the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- Holi dispute
- counter case
- bail conditions
- Section 109 B.N.S.
- Section 14A
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2580 of 2025
Arising Out of PS. Case No.-190 Year-2025 Thana- KONCH District- Gaya
======================================================
1. Ramjivan Yadav @ Raju Kumar S/o Hridyanand Yadav R/o vill - Karai, P.S.
- Konch, Distt. - Gaya
2. Samjivan Yadav @ Shyamjivan Kumar S/o Hridyanand Yadav R/o vill -
Karai, P.S. - Konch, Distt. - Gaya
3. Rohit Yadav @ Rohit Kumar S/o Manoj Yadav R/o vill - Karai, P.S. -
Konch, Distt. - Gaya
4. Vishwakarma Yadav @ Chandra Prakash Vishwakarma S/o Awadhesh Yadav
R/o vill - Karai, P.S. - Konch, Distt. - Gaya
5. Abhay Yadav @ Abhay Kumar S/o Surendra Yadav R/o vill - Karai, P.S. -
Konch, Distt. - Gaya
6. Surendra Yadav @ Surendra Kumar S/o Raja Yadav R/o vill - Karai, P.S. -
Konch, Distt. - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Munni Devi W/o Krishna Paswan R/o vill - Karai, P.S. - Konch, Distt. -
Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.PP
For the Respondent No.2: Mr. Aniket Kumar, Advocate
Mr. Brahmanand Kumar, Advocate
Mr. Vijay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the appellants, learned
counsel for the respondent No.2 and learned Special Public
Prosecutor appearing for the State.
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
19.05.2025 passed by learned Exclusive Special Judge, SC/ST
Act, Gaya, in A.B.P. No. 122 of 2025 arising out Konch P.S.
Case No. 190 of 2025 registered under Sections 191(2), 190,
Patna High Court CR. APP (SJ) No.2580 of 2025(4) dt.26-02-2026
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126(2), 115(2), 109, 74, 303(2) and 352 of the B.N.S. and
Sections 3(1)(r)(s)(w)(i) and 3(2)(v) of 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 15.03.2025 at about 10:30 PM, when she was in
her house then she heard people making a noise outside her
house. When she came out of her house, she saw that the
appellants and co-accused Vikash Kumar were assaulting her
son, namely Nirbhay Kumar with rod due to which he sustained
head injury. When Golu Kumar and Shanti Devi came to rescue,
appellant no.3 (Rohit Yadav) and co-accused Vikash Yadav
assaulted Golu Kumar with lathi as a result of which he
sustained head injury and became unconscious. It is further
alleged that Ramjivan Yadav (appellant no.1) and Vishwakarma
Yadav (appellant no.4) caught Shanti Devi and molested her
with ill intent and snatched her mangalsutra and earring and
abused her by taking caste name and threatened her of dire
consequences.
4. Learned counsel for the appellants submits that
the appellants are innocent and have not committed any offence.
Patna High Court CR. APP (SJ) No.2580 of 2025(4) dt.26-02-2026
3/4
He further submits that the appellant nos. 1 and 2 have got no
criminal antecedent and appellant nos. 3 to 6 have got one
criminal antecedent as stated in para-3 of this appeal. It has
further been submitted that the occurrence took place on the
question of singing objectionable song during Holi festival
resulting into case and counter-case between the parties. There
is no injury report on record to suggest and substantiate the
allegation against the appellants. The allegation with respect to
offence under Section 109 of B.N.S. is negated by the fact that
there is no injury report on record and the allegation with
respect to Sections 74 and 302(2) of B.N.S. appears to be
ornamental in nature. It is also submitted that as regards the
allegation of abuse by caste name is concerned, it does not
appear to be in a public place as none of the persons have been
disclosed before whom the alleged abuse was made when the
alleged occurrence took place. It is further submitted that in the
counter-case lodged by the appellants’ side, one of the offences
is also being under Section 109 of B.N.S. Hence, the impugned
order may be set aside and the appellants may be granted the
privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
and learned counsel for respondent no.2 have vehemently
Patna High Court CR. APP (SJ) No.2580 of 2025(4) dt.26-02-2026
4/4
opposed the prayer for grant of anticipatory bail to the
appellants and submitted that the appellants’ side intentionally
assaulted the prosecution parties and they were the aggressors.
6. Considering the entire facts and circumstances of
the case that there is case and counter-case between the parties,
both the cases have been registered under Section 109 of B.N.S.
and the occurrence took place on the account of playing
objectionable song in Holi festival resulting into case and
counter case and the alleged abuse does not appear within the
public view, 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 Exclusive Special Judge, SC/ST Act, Gaya, in
connection with Konch P.S. Case No. 190 of 2025 subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, this appeal is allowed and the
impugned order dated 19.05.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
shivam/-
U T
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