Patna High Court
Aakash Kumar Yadav @ Akash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the appellants, holding that the FIR does not allege caste‑name abuse and the injuries are simple, thus the lower court’s order denying bail is set aside.
Summary
The appellants appealed against the Additional Sessions Judge’s order rejecting their anticipatory bail application under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act in connection with a case involving alleged assault, robbery and outraging modesty. The prosecution alleged that the appellants assaulted the informant’s son, stole his mobile phones and laptop, and later assaulted the informant and her husband, allegedly outraging the informant’s modesty. The appellants contended that they were falsely implicated due to village rivalry and that the FIR does not allege any caste‑based abuse as required under the SC/ST Act, noting that the injuries were simple. The State argued that the injuries were simple but did not dispute the lack of caste‑name abuse. The Court, after considering the submissions, held that the FIR does not disclose any caste‑name abuse and the injuries are simple, thereby granting anticipatory bail and setting aside the lower court’s order. The appellants were directed to furnish bail bonds and sureties if arrested, subject to Section 438(2) of the CrPC.
Issues considered
- Whether the allegations in the FIR attract the provisions of the SC/ST (Prevention of Atrocities) Act, warranting denial of anticipatory bail.
- Whether the nature of injuries (simple) and absence of caste‑name abuse justify granting anticipatory bail under Section 14‑A(2) of the SC/ST Act.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 341, 354, 379, 504
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- simple injuries
- bail under CrPC
- criminal procedure
- offence under IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2707 of 2024
Arising Out of PS. Case No.-211 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
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1. Aakash Kumar Yadav @ Akash Kumar Yadav S/o Shivji Singh @ Shiv
Kumar Yadav R/o vill - Nawagawan, P.S. - Sonhan, Distt. - Kaimur
2. Nand Kishor Yadav @ Nandu Yadav S/o Antu Singh R/o vill - Nawagawan,
P.S. - Sonhan, Distt. - Kaimur
3. Shivji Singh @ Shiv Kumar Yadav S/o Antu Singh R/o vill - Nawagawan,
P.S. - Sonhan, Distt. - Kaimur
4. Antu Singh S/o Son of Ram Kawal Singh R/o vill - Nawagawan, P.S. -
Sonhan, Distt. - Kaimur
... ... Appellant/s
Versus
1. The State of Bihar
2. Manju Devi W/o Shir Sanjay Paswan R/o vill - Nawagawn, P.S. - Sonhan,
Distt. - Kaimur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Kumari Anupam
For the State : Mr. Nawal Kishore Pd.
For O.P. No. 2 : Mr. Praveen Kumar
Mr. Uday Pratap Singh
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 Heard learned Counsel for the appellants, learned
Counsel for the respondent no. 2 and learned Special Public
Prosecutor for the State.
2. An order, dated 21.05.2024, passed by learned
Additional Sessions Judge-1, Kaimur at Bhabua, in ABP No.
521 of 2024, 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
Patna High Court CR. APP (SJ) No.2707 of 2024(5) dt.23-02-2026
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anticipatory bail application of the appellant in connection with
Bhabua (Sonhan) Police Station Case No. 211 of 2023
registered for the offence punishable under Sections 341, 323,
354, 379, 504 of the Indian Penal Code and Section 3(i)(r)(s)
(w), 3(2)(va) of the Schedule Caste/Schedule Tribe (Prevention
of Atrocities) Act, has been rejected.
3. As per the prosecution story, on 21.03.2024,
appellant no.1, namely, Aakash Kumar along with co-accused
Vikash Kumar entered into the room of the informant’s son and
assaulted him by fists, lathi danda etc. They also allegedly took
away two mobile phones and a laptop of the informant’s son.
when the informant, along with her husband, went to the house
of the accused persons to inquire about the incident, the
appellants, along with other co-accused persons, allegedly
assaulted them and outraged the modesty of the informant.
4. Learned counsel for the appellants submits that
appellants have falsely been implicated in this case due to
village rivalry and a counter case has also been lodged by the
appellants’ side against the informant and others, bearing
Bhabua (Sonhan) P.S. Case No. 212 of 2024, which has been
brought on record as Annexure P/2. It has further been
submitted that, from a plain reading of the FIR, the provisions
Patna High Court CR. APP (SJ) No.2707 of 2024(5) dt.23-02-2026
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of the SC/ST Act are not attracted, inasmuch as there is no
specific allegation that the appellants abused the informant or
her husband by taking their caste name in full public view. The
injuries sustained by the victim are simple in nature.
5. On the other hand, learned counsel for the State
submits that it is correcte that the injuries sustained by the
victim are simple in nature.
6. Learned counsel appearing on behalf of O.P. No. 2
submits that the parties have arrived at an amicable settlement
between themselves.
7. Having regard to the submissions made on behalf
of the parties and taking into consideration the nature of
allegation and the fact that there is no allegation in the FIR that
the appellants abused the informant or her husband by taking
their caste name in full public view and the injuries sustained
are simple in nature, I am inclined to grant the appellants
privilege of anticipatory bail.
8. This appeal is, accordingly, allowed and the order,
dated 21.05.2024, passed by learned Additional Sessions Judge-
1, Kaimur at Bhabua, in ABP No. 521 of 2024, is set aside.
9. Let the appellants, above named, in the event of
their arrest or surrender before the Court below within four
Patna High Court CR. APP (SJ) No.2707 of 2024(5) dt.23-02-2026
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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 Additional Sessions
Judge-1, Kaimur, in connection with Bhabua (Sonhan) Police
Station Case No. 211 of 2024, subject to the condition laid down
under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
Siwani/-
U T
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