Created by Fuzzy Cloud

Patna High Court

Aakash Kumar Yadav @ Akash Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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)
                 ======================================================
           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
                 ======================================================
                 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
                                             2/4




          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
                                             3/4




          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
                                                        4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.