Patna High Court
Bikram Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the lower court’s refusal and granted anticipatory bail to the appellant with conditions.
Summary
The appellant, Bikram Kumar Yadav, was charged under Sections 126(2), 115(2), 351(2), 352 of the Bihar Penal Code, 2023 and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly abusing and threatening an informant with a pistol over a commercial dispute. The Special Judge under the SC/ST Act refused his prayer for anticipatory bail on 21‑08‑2025. The appellant appealed under Section 14‑A(2) of the SC/ST Act, contending that he has a clean record and that the allegations are false and unsupported by independent witnesses. The High Court, after considering the submissions, held that the lower court’s refusal was unwarranted and granted anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, with conditions under Section 482(2) of the Bihar Code. Consequently, the impugned order was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case instituted under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the allegations against the appellant under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act are sufficient to deny bail.
- Whether the lower court erred in refusing bail under Section 14‑A(2) of the SC/ST Act.
Legislation cited
- Bihar Code of Criminal Procedure — s. 482(2)
- Bihar Penal Code, 2023 — s. 115(2), 126(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- Section 14-A
- Section 482
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.314 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Bikram Kumar Yadav S/O Late Hazari Yadav R/O Village - East Ashok
Nagar, (R.M.S. Colony, Lohiyanagar), Road No.- 14B, P.S- Kankarbagh,
District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Raj Kumar Ram S/o- Ram Briksha Ram Resident of R.M.S. Colony, Lohiya
Nagar, P.S.-Kankarbagh, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anirudh Kumar Sinha
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-07-2026 1. Heard learned counsel for the appellant, learned
Special P.P. and the 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 21.08.2025 in A.B.P. No. 2702 of 2025 passed by
the learned Exclusive Special Judge SC/ST Act, Civil Court
(Sadar) Patna in connection with Kankarbagh P.S. Case No. 493
of 2025 registered under Sections 126(2), 115(2), 351(2), 352 of
the BNS, 2023 as well as Sections 3(1)(r)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.314 of 2026(3) dt.02-07-2026
2/3
3. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and the informant
alleges that on 06.06.2025, the appellant booked tent and other
articles on the occasion of his Grih-Pravesh and paid
Rs.10,000/- by way of advance on 02.06.2025, further the
appellant came to the shop on 03.06.2025 and started abusing by
taking caste name and even threatened and pointed pistol at him.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that a dispute arose with regard
to the rate of the tent and other articles, which the appellant
required for his grih-pravesh, as such an altercation took place
hence the informant in anger instituted the instant case alleging
that he was abused. It is further submitted that the FIR does not
even remotely suggest that the occurrence was witnessed by any
independent witnesses when it is being alleged that the
occurrence took place at his shop.
5. Learned Special Public Prosecutor and the learned
counsel appearing on behalf of the informant opposes the prayer
for anticipatory bail.
6. Considering the submissions made by the learned
counsel for the appellant, let the appellant, above named, in the
Patna High Court CR. APP (SJ) No.314 of 2026(3) dt.02-07-2026
3/3
event of his arrest or surrender before the learned Court below
within a period of six weeks from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bond of
Rs.5,000/- (rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending in connection with the aforesaid case,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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