Patna High Court
Raj Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Bihar National Security Act, 2023 — s. 115(2), 117(2), 126(2), 303(2), 3(1)(r), 3(1)(s), 3(2)(va), 3(5), 351(2), 352, 74
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
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
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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
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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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