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Patna High Court

Bali Yadav @ Ram Bali YadavversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed because the appellants failed to plead the relevant facts and did not approach the court with clean hands.

Summary

The appellants filed an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the trial court's refusal to grant anticipatory bail in a case registered under multiple sections of the Bihar Negotiable Securities Act, 2023 and the SC/ST Act. The Special Public Prosecutor highlighted that the charge sheet was filed in April 2025, after the case was lodged in July 2025, and that this fact was not pleaded in the anticipatory bail application. The appellants were unable to rebut this submission and were deemed not to have approached the court with clean hands. The High Court, noting the lack of proper pleading and the appellants' unclean conduct, declined to entertain the appeal. Consequently, the appeal was dismissed.

Issues considered

  • Whether anticipatory bail can be granted when the charge sheet was filed after the case was lodged and not pleaded in the bail application.
  • Whether the appellants' lack of clean hands bars the grant of anticipatory bail under Section 14-A(2) of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • clean hands doctrine
  • Section 14-A
  • criminal appeal
  • refusal of bail

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2863 of 2025
                         Arising Out of PS. Case No.-63 Year-2024 Thana- SC/ST District- Bhojpur
                 ======================================================
           1.     Bali Yadav @ Ram Bali Yadav S/O Late Shukhdeo Yadav R/O Vill.- Lachhu
                  Tola, P.S.- Dhobahan, Dist.- Bhojpur at Ara
           2.    Rakesh Yadav @ Ritesh Kumar Yadav @ Ritesh S/o Sri Ram Bali Yadav
                 R/O Vill.- Lachhu Tola, P.S.- Dhobahan, Dist.- Bhojpur at Ara
           3.    Shashi Yadav S/O Sri Rajendra Yadav R/O Vill.- Lachhu Tola, P.S.-
                 Dhobahan, Dist.- Bhojpur at Ara

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rajendra Ram S/o Late Kapil Ram R/o Vill- Lachhu Tola, P.S.- Moffasi,
                 Distt- Bhojpur at Ara

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Shankar Kumar
                 For the Respondent/s     :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   30-06-2026                  1. Heard learned counsel for the appellants, learned

                   Special P.P. for the State and the learned counsel appearing on

                   behalf of the respondent no.2.

                                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 27.05.2025 in A.B.P. No. 864 of 2025, arising out of

                   SC/ST P.S. Case No.63 of 2024 passed by the learned

                   Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
             Patna High Court CR. APP (SJ) No.2863 of 2025(7) dt.30-06-2026
                                                          2/2




                       Bhojpur, registered under Sections 126(2), 115, 117(2), 352,

                       351(2), 329(4), 324(4) and 3(5) of the BNS, 2023 and Sections

                       3(i)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act.

                                    3. Learned Special P.P. at the outset submits that the

                       case was filed in the month of July, 2025 and the charge sheet in

                       the case was submitted by the police after investigation in April,

                       2025 as would manifest from Para-60 of the case diary but the

                       said fact has not been pleaded in the anticipatory bail

                       application.

                                    4. Learned counsel appearing on behalf of the

                       appellants is not in a position to rebut the said submission made

                       by the learned Special P.P. since appellants have not approached

                       the court with clean hands, as such, the Court is not inclined to

                       entertain the appeal.

                                    5. Accordingly, the appeal is rejected.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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