Patna High Court
PAPPU YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to conditions.
Summary
The appellants, Pappu Yadav and Ajay Yadav, appealed against the order of the 3rd Additional Sessions Judge-cum-Special Judge, SC/ST Special Court, Saran, which had rejected their anticipatory bail application in a case registered under multiple IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The FIR alleged that they assaulted an informant with an iron rod, but the appellants contended they were innocent, the injuries were simple, and no caste-based abuse occurred, asserting a clean antecedent. The State opposed bail, invoking the seriousness of the charges. The High Court, after considering the nature of the accusations, the extent of injuries, and the appellants' clean record, ordered that bail be granted on condition of surrender within eight weeks, with a bail bond of Rs.10,000 and two sureties. Consequently, the appellate court set aside the lower court’s order rejecting anticipatory bail for the appellants.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged facts constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the appellants' clean antecedent and the nature of injuries justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 323, 324, 325, 341, 354(B), 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 2(va), 3(1)(f), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- Indian Penal Code
- bail conditions
- caste based violence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3192 of 2023
Arising Out of PS. Case No.-134 Year-2022 Thana- JANTA BAZAR District- Saran
======================================================
1. Pappu Yadav Son Of Late Harihar Yadav R/O-Panditpur, P.S.-Janta Bazar,
Distt.-Saran At Chapra
2. Ajay Yadav Son Of Late Harihar Yadav R/O-Panditpur, P.S.-Janta Bazar,
Distt.-Saran At Chapra
... ... Appellant/s
Versus
1. The State of Bihar
2. Urmila Devi Wife Of Naresh Ram R/O-Panditpur, P.S.-Janta Bazar, Distt.-
Saran At Chapra
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Udai Shankar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 19-03-2026 Despite filing Vakalatnama, none appears on behalf
of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
21.11.2022 passed by learned 3rd Additional Sessions Judge-
cum-Special Judge, SC/ST Special Court, Saran at Chapra in
connection with Janta Bazar P.S. Case No. 134 of 2022
registered under Sections 147, 341, 323, 324, 325, 354(B), 379,
504, 506 of the Indian Penal Code and Section 3(1)(r)(s)(f),
2(va) of Scheduled Castes and Scheduled Tribes (Prevention of
Patna High Court CR. APP (SJ) No.3192 of 2023(6) dt.19-03-2026
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Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
4. As per F.I.R., these appellants assaulted informant
by means of iron rod.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. Injuries,
allegedly, caused by these appellants are simple in nature. There
is no allegation that these appellants abused informant by caste
name and as such, no case under SC/ST Act is made out against
them. Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation, injuries and
clean antecedent, let the appellants, as named above, in the
event of their arrest/surrender within a period of eight weeks
from today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned 3rd Additional
Sessions Judge-cum-Special Judge, SC/ST Special Court, Saran
at Chapra in connection with Janta Bazar P.S. Case No. 134 of
2022.
8. Accordingly, this criminal appeal is allowed and
Patna High Court CR. APP (SJ) No.3192 of 2023(6) dt.19-03-2026
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impugned order dated 21.11.2022 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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