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Patna High Court

Indrajeet Kumar Yadav @ Indrajit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that while anticipatory bail could be extended, the existence of cognizance meant the appeal was to be disposed with a direction for the appellants to surrender before the trial court.

Summary

The appellants, Indrajeet Kumar Yadav and Bajranj Kumar Yadav, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC provisions for allegedly seizing land belonging to a widow, assaulting her and her son, and using caste slurs. They sought anticipatory bail, which was denied by the Special Judge. On appeal under Section 14‑A(2) of the SC/ST Act, the High Court examined the police’s final report that exonerated the appellants and the trial court’s cognizance of the case despite that report. The Court was inclined to grant anticipatory bail but held that, because cognizance had already been taken, the appeal could not be entertained further. Consequently, the appeal was disposed and the appellants were directed to surrender before the trial court on a specified date, where the case would be decided on the same day, taking into account the police exoneration and the Court’s observations.

Issues considered

  • Whether anticipatory bail should be granted to the appellants under Section 14‑A(2) of the SC/ST Act.
  • Whether the trial court’s refusal of anticipatory bail was justified despite the police’s exonerating report.
  • Whether cognizance of the offence precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • land dispute
  • atrocity
  • criminal procedure
  • section 14-A
  • bail
  • scheduled castes
  • scheduled tribes

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No. 2721 of 2025
                       Arising Out of PS. Case No.-91 Year-2024 Thana- SC/ST District- Madhubani
                 ======================================================
           1.     Indrajeet Kumar Yadav @ Indrajit Yadav S/O Bajrang Kumar @ Bajrang
                  Yadav R/o - Piprahi, P.S - Ladaniya, District - Madhubani.
           2.    Bajranj Kumar @ Bajrag Yadav S/O Subhag Lal Yadav @ Subhak Lal
                 Yadav R/o - Piprahi, P.S - Ladaniya, District - Madhubani.
                                                                            ... ... Appellant/s
                                                    Versus
           1.    The State of Bihar
           2.     Sushila Devi W/O Late Balkrishna Mehra R/O Village- Sktiyahi, P.S-
                  Khutauna, Distt.- Madhubani.
                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Kumar, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   12-05-2026                 1. Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State and learned counsel

                   appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 16.06.2025 in A.B.P. No. 973 of 2025 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge,

                   Madhubani in connection with SC/ST P.S. Case No. 91 of 2024

                   registered under Sections 126, 115(2), 119(1), 76, 352, 351(2)

                   and 3(5) of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(1)(w)
Patna High Court CR. APP (SJ) No. 2721 of 2025(4) dt.12-05-2026
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          (i) and 3(2)(va), 3(1)(f) of the SC/ST Act.

                       3. Learned counsel appearing on behalf of the

          appellants submits that appellant no. 1 is a person with clean

          antecedent and appellant no. 2 has antecedent of one case and

          the informant alleges that she is a widow and her husband had

          purchased a land about 28 years back, on which a hut was

          constructed and her husband died in the year 2008 and

          thereafter, the informant, in connection with study of her

          children, moved out of the village and taking advantage of her

          absence Bajrang (appellant no. 2) along with his son Indrajeet

          (appellant no. 1) and others captured her land and started a car

          washing unit and a shop for selling articles as detailed in the

          FIR. Further, when the informant requested Bajrang to vacate

          the land, he abused by taking caste name and tried to strangulate

          her and Indrajeet assaulted her son by rod causing injury on

          back.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that on

          account of dispute relating to land, the occurrence is alleged to

          have taken place. It is next submitted that the land belongs to
Patna High Court CR. APP (SJ) No. 2721 of 2025(4) dt.12-05-2026
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          the appellants but then the informant is claiming that the land

          was purchased by her husband but then no documents have been

          annexed with the FIR showing that the land belongs to the

          informant. It is also submitted that the police, after

          investigation, submitted final form exonerating the appellants of

          the allegation as alleged in the FIR but then the learned trial

          court took cognizance differing with the police report. It is

          submitted that when one investigating agency, after threadbare

          investigation, came to a considered conclusion that appellants

          are innocent, whether it would be prudent for the Court to send

          the appellants to jail based on an order of cognizance which

          came to be taken based on the same police report which

          exonerated the appellants of the allegation.

                       5. Learned Special Public Prosecutor for the State and

          learned counsel appearing on behalf of the informant are not in

          a position to rebut the said submissions of the learned counsel

          appearing on behalf of the appellants but then the learned

          counsel appearing on behalf of the appellants submits that

          differing with the police report, the Court has taken cognizance,

          hence, a prima facie case is made out.

                       6. After hearing the learned counsel for the parties,

          the Court was inclined to extend the privilege of anticipatory
           Patna High Court CR. APP (SJ) No. 2721 of 2025(4) dt.12-05-2026
                                                        4/4




                     bail to the appellants but since cognizance has been taken, as

                     such, the appeal is disposed of with a direction to the appellants

                     to surrender before the learned trial court on 27.05.2026. If the

                     appellants surrender on 27.05.2026, the learned trial court shall

                     consider and dispose of the case on the same day keeping in

                     mind the fact that the police after investigation submitted final

                     form exonerating the appellants of the allegation as alleged in

                     the FIR and also the observations of this Court as recorded

                     hereinabove.


                                                                             (Satyavrat Verma, J)

Kundan/-

U     T


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