Patna High Court
Suresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The High Court held that, in the absence of specific public caste‑name abuse and given the trivial nature of the dispute, anticipatory bail should be granted.
Summary
The appellants, Suresh Yadav and Bir Kumar, were charged under several sections of the Bhartiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant, Bhim Paswan, and abusing him with caste-based slurs during a dispute over a school‑yard quarrel. The trial court rejected their anticipatory bail application. On appeal, the High Court examined whether the allegations were specific, publicly made, and constituted an offence under the SC/ST Act, noting that the incident stemmed from a trivial inter‑village conflict, a counter‑case had been filed by the appellants, and no overt caste‑name abuse was evident in public view. Considering the lack of concrete evidence of caste‑based insult and the minor nature of the dispute, the Court granted anticipatory bail and set aside the lower court’s order. The bail was conditioned on a bond and sureties, subject to Section 482(2) of the Bhartiya Nyaya Sanhita.
Issues considered
- Whether the appellants are liable to be denied anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the allegations of caste‑based abuse are specific and made in public view sufficient to constitute an offence under the Act.
- Whether the nature of the dispute and the filing of a counter‑case affect the grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 190, 191(2), 351(2), 352, 482(2)
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- trivial dispute
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2610 of 2025
Arising Out of PS. Case No.-192 Year-2025 Thana- OBRA District- Aurangabad
======================================================
1. Suresh Yadav S/o- Late Prabhu Yadav Village- Tara PS- Obra Distt-
Aurangabad
2. Bir Kumar S/o- Suresh Yadav Village- Tara PS- Obra Distt-Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Bhim Paswan S/o- Rampati Paswan R/o- Vill- Tara Ps- Obra Dist-
Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Sp.P.P.
For the Informant : Ms. Leelawati Kumari, Advocate
Mr. Aman Vishal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 16-04-2026 Heard learned counsel for the parties concerned.
2. An order, dated 19.06.2025, passed by learned
District & Additional Sessions Judge, 1st-cum-Special Judge
(SC/ST, NDPS & Children Act), Aurangabad (Bihar), in ABP
No. 1391 of 2025, is under challenge in the present appeal
preferred under Section 14-A (2) of the Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby
the anticipatory bail application of the appellants in connection
with Obra Police Station Case No. 192 of 2025, registered for
the offence punishable under Sections 190, 191(2), 126(2),
115(2), 351(2), 117(2) and 352 of Bhartiya Nyaya Sanhita, 2023
Patna High Court CR. APP (SJ) No.2610 of 2025(4) dt.16-04-2026
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and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of
Atrocities) Act, 1989, has been rejected.
3. As per the prosecution story on 19.05.2025, the
informant was in his field, cutting paddy crops on the land of
one Tulsi Paswan. Meanwhile, appellants, along with other
accused persons, arrived there, abused the informant, snatched
the key of the tractor, and caught hold of the informant, and co-
accused Raushan Kumar assaulted him with lathi and when the
informant fell down, the other co-accused persons, Raj Kumar
Yadav and Raushan Kumar, again assaulted the informant with
lathi due to which the informant sustained fracture injury on his
shoulder.
4. Learned counsel for the appellants submits that
both the parties are co-villagers and the occurrence has taken
place on a trivial issue of fighting between children of both
sides in School. A counter case has been lodged by the side of
the appellants bearing Obera P.S. Case 196 of 2025 against the
informant and others. No specific overt act has been alleged
against the appellants and the allegation of assault is against
other co-accused persons. The appellants are having no criminal
antecedents. There is no allegation of calling the informant by
caste name; the allegation is general and omnibus in nature and
Patna High Court CR. APP (SJ) No.2610 of 2025(4) dt.16-04-2026
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that too not in full public view.
5. On the other hand, learned counsel for the
informant/respondent no. 2 opposed the prayer for anticipatory
bail and submits that the appellants are named in the FIR and
specific allegations against them that they, along with co-
accused persons, abused the informant by his caste name.
6. Regards being had to the submissions made by the
parties, taking into consideration the nature of the allegations
and the fact that the occurrence took place due to quarrel
between the children, a counter case has also been lodged by the
side of the appellants, and the allegation of abusing by caste
name is not in full public view, and no specific overt act has
been alleged against the appellants, I am inclined to grant the
appellants privilege of anticipatory bail.
7. This appeal is, accordingly, allowed and the order,
dated 19.06.2025, passed by learned District & Additional
Sessions Judge, 1st-cum-Special Judge (SC/ST, NDPS &
Children Act), Aurangabad (Bihar), in ABP No. 1391 of 2025, is
set aside.
8. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. APP (SJ) No.2610 of 2025(4) dt.16-04-2026
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10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge, 1st-cum-Special Judge (SC/ST, NDPS &
Children Act), Aurangabad (Bihar), in connection with Obra
Police Station Case No. 192 of 2025, subject to the condition
laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
Siwani/-
U T
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