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Patna High Court

Ramjivan Yadav @ Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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          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
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                     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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