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Patna High Court

Mithlesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed anticipatory bail, setting aside the order rejecting it, on the ground that no explicit caste‑based abuse was alleged in public view.

Summary

The appellants were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Bihar Penal Code for allegedly assaulting the informant Sursati Devi and her family during a wedding procession, including vulgar singing, physical assault, theft and threatening behaviour. The informant claimed the assault was motivated by her scheduled‑caste status, but the prosecution did not allege any explicit caste‑based abuse in public. The appellants sought anticipatory bail, arguing innocence, lack of criminal antecedents (except for two appellants), and a five‑day delay in filing the FIR. The Special Public Prosecutor opposed bail but conceded there was no explicit caste abuse. The High Court, considering the facts and the absence of a public caste‑abuse allegation, granted anticipatory bail subject to a bond and sureties, and set aside the lower court’s order rejecting bail.

Issues considered

  • Whether the appellants are entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989.
  • Whether the allegations constitute a caste‑based offence warranting denial of bail.
  • Whether the five‑day delay in lodging the FIR affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • caste violence
  • delay in FIR
  • bail conditions
  • criminal appeal
  • assault
  • theft

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2611 of 2025
                         Arising Out of PS. Case No.-175 Year-2025 Thana- EKMA District- Saran
                 ======================================================
           1.     Mithlesh Yadav Son of Birla Yadav Village- Hussepur, Ps- Ekma, Dist-
                  Chapra Saran
           2.    Yogendra Yadav @ Yogindra yadav son of Kamal yadav Village- Hussepur,
                 Ps- Ekma, Dist- Chapra Saran
           3.    Mithilesh Pandit son of Dipnarayan Yadav @ Dipnarayan Pandit Village-
                 Hussepur, Ps- Ekma, Dist- Chapra Saran
           4.    Anuj Yadav @ Anuj Kumar Yadav Son of Rambabu Yadav Village-
                 Hussepur, Ps- Ekma, Dist- Chapra Saran
           5.    Vikash yadav @ Vikash Kumar yadav Son of Harishankar yadav Village-
                 Hussepur, Ps- Ekma, Dist- Chapra Saran
           6.    Arbind Yadav @ Arbind Kumar son of Yogendra Yadav Village- Hussepur,
                 Ps- Ekma, Dist- Chapra Saran
           7.    Ankit Pandit @ Ankit Kumar Pandit Son of Shivpujan Pandit Village-
                 Hussepur, Ps- Ekma, Dist- Chapra Saran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sursati Devi Wife of Nandkishor Ram Village- Hussepur, Ps- Ekma, Dist-
                 Chapra Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rabindra Kumar Tiwary, Advocate
                 For the Respondent/s    :        Mr. Usha Kumari 1, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the appellants and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                  2. At the very outset, learned counsel for the
Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026
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          appellant seeks permission to add alias name in the father’s

          name of appellant no. 3.

                          3. Permission is accorded.

                          4. 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

          19.06.2025 passed by learned Court of Exclusive Special Judge

          Saran, Chapra, in connection with Ekma P.S. Case No. 175 of

          2025 registered under Sections 126(2), 115(2), 303(2), 79 and

          3(5) of B.N.S. and Sections 3(1)(r)(s)/3(2)(va) 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.

                          5. As per the prosecution case, the informant,

          namely Sursati Devi, alleged that on 30.04.2025, a wedding

          procession was arrived at the neighbour’s house for a ceremony.

          While barat was on the way, the accused person climbed on

          tractor with vulgar songs and started vulgar activity. On being

          opposed by the informant’s son, the appellants and the co-

          accused persons abused and started beating him, anyhow her son

          saved himself and came his house. Thereafter, the appellants and

          the co-accused persons armed with stick, iron rod and knife
Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026
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          attacked on her house and assaulted all family members of the

          informant due to which all were injured. She further alleged that

          Arbind Yadav (appellant no.6) tore her cloth due to which she

          became half nacked and when Chanda Devi came to save her,

          Anuj Yadav (appellant no.4) tore her cloth due to which she also

          became half nacked. It is further alleged that co-accused persons

          Anand Yadav, Punita Kumari and Rinki Kumari snatched two

          gold chains worth of Rs. 47,000/-. It is further alleged that all

          the accused persons threatened the informant because she

          belongs to scheduled caste and helpless woman and also

          threatened that if she lodged any case then the accused persons

          would set fire to her house.

                          6. Learned counsel for the appellants submits that

          the appellants are innocent and have not committed any offence.

          He further submits that the appellant nos. 2 to 5 and 7 have no

          criminal antecedent and appellant nos. 1 and 6 have one

          criminal antecedent as stated in para-3 of this appeal. It is

          further submitted that the dispute arose on the question of

          playing objectionable songs during course of barat which

          resulted into quarrel. The offence under Section 303(2) appears

          to be an exaggerated version by the side of the informant which

          is only non-bailable sections of B.N.S. in the case. It is further
Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026
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          submitted that there is no allegation of abuse with caste name

          rather it has been alleged that since the ladies of the prosecution

          parties belong to scheduled castes, they have been subjected to

          such assault. He further submits that there is delay of five days

          in lodging the FIR. Hence, the impugned order may be set aside

          and the appellants may be granted the privilege of anticipatory

          bail.

                          7. Learned Special Public Prosecutor for the State

          has vehemently opposed the prayer for grant of anticipatory bail

          to the appellants but has fairly conceded that there is no abuse.

                          8. Considering the entire facts and circumstances of

          the case and also the fact that there is no allegation of abuse

          within 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 Court of Exclusive Special Judge Saran,

          Chapra, in connection with Ekma P.S. Case No. 175 of 2025

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       9. Accordingly, this appeal is allowed and the

          impugned order dated 19.06.2025 rejecting the prayer for grant
           Patna High Court CR. APP (SJ) No.2611 of 2025(3) dt.26-02-2026
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                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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