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Patna High Court

Raj Kishor YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court set aside the refusal of anticipatory bail and granted bail to the appellants subject to conditions.

Summary

The appellants, Raj Kishor Yadav and Pappu Yadav, appealed against the refusal of anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR alleged that on 7 August 2025 a group of accused, including the appellants, entered the informant's land, used caste slurs and assaulted her husband with an iron pipe and a pistol. The appellants contended that they were falsely implicated due to a land dispute, that the allegations were vague, that there was an unjustified ten‑day delay in filing the FIR, and that no separate charge under the Arms Act was made. The Special Public Prosecutor opposed the bail. The High Court, after considering these submissions, set aside the order refusing bail and granted anticipatory bail subject to a Rs 5,000 bond and two sureties, with conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act in view of the alleged caste‑based assault.
  • Whether the delay in filing the FIR and the lack of specificity in the allegations justify denial of bail.
  • Whether the alleged use of a pistol necessitates a separate charge under the Arms Act for bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • false implication
  • land dispute
  • Section 14-A
  • Criminal Procedure Code
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.317 of 2026
                   Arising Out of PS. Case No.-245 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
           1.     Raj Kishor Yadav S/O- Prameshwar Yadav R/V-Uda Dinmo, P.S.-K. Asthan,
                  District-Darbhanga
           2.    Pappu Yadav S/O- Prameshwar Yadav R/V-Uda Dinmo, P.S.-K. Asthan,
                 District-Darbhanga

                                                                                ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Gita Devi W/O Nathuni Ram R/V-Uda Dinmo, P.S.-Kusheshwar Asthan,
                 District-Darbhanga

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Ajay Kumar, Advocate
                 For the Respondent/s   :       Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   08-07-2026                    1. Heard learned counsel for the appellants and

                   learned Special P.P. for the State, Mr. Binay Krishna.

                                  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 10.12.2025 in A.B.P. No. 20 of 2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. (POA) Act,

                   Darbhanga in connection with Kusheshwar Asthan P.S. Case

                   No. 245 of 2025 registered for the offences 126(2), 115(2),

                   117(2), 303(2), 351(2), 352, 74 and 3(5) of the BNS, 2023 as
Patna High Court CR. APP (SJ) No.317 of 2026(4) dt.08-07-2026
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          well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.

                           3. No one appears on behalf of the informant.

                           4. The case was earlier taken up on 06.07.2026, on

          the said date also, no one had appeared on behalf of the

          informant.

                           5. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and from perusal of

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

          informant alleges that on 07.08.2025 at 04:00 PM, eight named

          accused persons along with five unknown accused came on her

          land and abused by taking caste name, on objection appellant

          no. 1 assaulted her husband by an iron pipe causing injury on

          leg, while appellant no. 3 assaulted her husband by butt of pistol

          causing injury on neck and thereafter other accused persons also

          assaulted her husband.

                           6. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant on account of dispute relating to land. It is further

          submitted that allegation of abuse is not specific rather is

          general and omnibus in nature and it does not appear probable

          that all accused in one go would have abused the informant and

          her husband by taking caste name. It is next submitted that
Patna High Court CR. APP (SJ) No.317 of 2026(4) dt.08-07-2026
                                             3/4




          though it is alleged that appellant no. 2 assaulted her husband by

          butt of pistol causing injury on neck, but then the FIR has not

          been instituted under the Arms Act. It is next submitted that date

          of occurrence is 07.08.2025 and the FIR came to be instituted

          on 17.08.2025 i.e. after a delay of 10 days which also casts an

          aspersion on the case of the prosecution. It is further submitted

          that even presuming what has been alleged is true without

          admitting against appellant no. 1, then the assault was not on

          vital part of the body nor the order impugned records about

          injury suffered by the injured. It is reiterated and submitted that

          on account of dispute relating to land, the appellants have been

          falsely implicated in the instant case.

                           7. Learned Special P.P. for the State opposes the

          appeal.

                           8. In view of the submissions made by the learned

          counsel for the appellants, the order dated 10.12.2025 in A.B.P.

          No. 20 of 2025, is hereby set aside and the appellants above-

          named, in the event of their arrest or surrender within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Trial Court where the case is pending/successor
            Patna High Court CR. APP (SJ) No.317 of 2026(4) dt.08-07-2026
                                                         4/4




                      court in connection with Kusheshwar Asthan P.S. Case No. 245

                      of 2025 subject to the conditions as laid down under Section

                      482 (2) of the BNSS.

                                       9. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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