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Patna High Court

Jitendra Yadav @ Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of a prima facie case, the appellants are entitled to pre‑arrest bail and set aside the order refusing bail.

Summary

The appellants, five accused persons belonging to a Scheduled Caste, appealed against the rejection of their pre‑arrest bail petition filed under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The FIR alleged that they, along with other accused, assaulted an informant and his family in public with the intention to kill, invoking several provisions of the Bihar Penal Code and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act. The appellants contended that the allegations were general and omnibus, that specific caste‑based abuse was attributable only to a co‑accused, and that they had clean antecedents, thus deserving bail. The State and the informant opposed bail, arguing that the offence was committed in public view and the appellants were complicit. The High Court, applying the limited scope of Section 18 of the SC/ST Act, held that bail could be granted where the case is not prima facie established, and therefore set aside the lower court’s order and directed the release of the appellants on pre‑arrest bail subject to conditions under Section 482 of the CrPC.

Issues considered

  • Whether the appellants are entitled to pre‑arrest bail under Section 14(A)(2) of the SC/ST Act despite general and omnibus allegations.
  • Whether the offence under Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act is prima facie established to deny bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • SC/ST Act
  • omnibus allegation
  • Section 18
  • Section 14A
  • Criminal Procedure Code
  • scheduled caste

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3269 of 2025
                      Arising Out of PS. Case No.-53 Year-2025 Thana- FESHAR District- Aurangabad
                 ======================================================
           1.     Jitendra Yadav @ Jitendra Kumar, aged 21 yrs, male, S/o- Kameshwar
                  Yadav
           2.    Satrudhan Saw @ Chhotu Saw, aged 33 years, male, S/o- Rajendra Saw
           3.    Sinesh Yadav, age 37 years, male, S/o- Alakhdeo Yadav
           4.    Gautam Kumar @ Gautam Saw, age 20 years, male, S/o- Mithlesh Saw
           5.    Krishna Saw, age 35 years, male, S/o- Ramashish Saw
                 All five Resident of Village- Parasdih, P.S.- Fesar District- Aurangabad

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Niraj Kumar S/o- Jayram Paswan Village- Parasdih Ps- Fesar Dist-
                 Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mrs. Mukul Kumari, Advocate
                 For the O.P. No. 2      :        Mr. Navin Kumar Jha, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   23-02-2026                         Heard Mrs. Mukul Kumari, learned counsel

                   appearing on behalf of the appellants; Mr. Navin Kumar Jha,

                   learned counsel for OP No.2 and Mrs. Usha Kumari 1, learned

                   Spl. PP for the State.

                                2. The appellants have preferred the present appeal

                   under Section 14(A) (2) of Scheduled Caste and Scheduled

                   Tribes (Prevention of Atrocities) Act against the rejection of

                   prayer for pre-arrest bail, vide order dated 19.06.2025 passed by

                   the learned District & Additional Sessions Judge-1st-cum-
Patna High Court CR. APP (SJ) No.3269 of 2025(4) dt.23-02-2026
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          Special Judge (SC/ST, NDPS & Children Act), Aurangabad in

          ABP No.1258 of 2025 arising out of Fesar PS Case No.53 of

          2025, registered for the offenes under Sections 191(2), 191(3),

          190, 191(2), 126(2), 115(2), 351(2), 352 of the BNS and

          Sections 3(1)(r)(s)/ (2)(va) of SC/ST Act.

                       3. As per the allegation made in the FIR, while the

          informant had gone to attend the call of nature, in the meantime,

          appellants along with other accused persons, had assaulted the

          informant and his family members, with an intention to kill.

                       4. Learned counsel appearing on behalf of the

          appellants submitted that general and omnibus allegation has

          been levelled against the appellants. The specific allegation of

          taking caste name of the informant is against co-accused

          Gautam Shah. The appellants are innocent and they have not

          abused the informant or his family members in public view.

          Appellants have clean antecedent. In absence of any specific

          allegation, appellants seek to be released on pre-arrest bail.

                       5. Per contra, Mr. Navin Kumar Jha, learned counsel

          appearing on behalf of the informant submitted that the offence

          had taken place in public view and appellants' complicity in the

          said offence cannot be denied, who had joined the main accused

          Gautam Shan and had assaulted and used abusive word in public
Patna High Court CR. APP (SJ) No.3269 of 2025(4) dt.23-02-2026
                                             3/4




          view attracting Sections 3(1)(r)(s)/ (2)(va) of SC/ST Act.

                       6. Mrs. Usha Kumari 1, learned Spl. P.P. also

          vehemently opposed the prayer for grant of pre-arrest bail to the

          appellants.

                       7. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the Apex Court, while considering the

          scope of Section 18 of SC/ST Act, has observed that only in the

          cases where offence can not be said to have been made out on a

          very prima facie consideration, the court may exercise

          discretion to grant pre-arrest bail to the accused, I find that in

          view of the general and omnibus allegation levelled against the

          appellants, who have clean antecedent, have prima facie made

          out a case to be released on bail.

                       8. The appellants, above named, are directed to be

          released on pre-arrest bail, in the even of their arrest or

          surrender before the learned court below within a period of four

          weeks, on furnishing bail bond of Rs.10,000/- (Ten Thousand)

          with two sureties of the like amount each tot he satisfaction of

          the learned District Court where the case is pending in

          connection with ABP No.1258 of 2025 arising out of Fesar PS

          Case No.53 of 2025, subject to the conditions as laid down
              Patna High Court CR. APP (SJ) No.3269 of 2025(4) dt.23-02-2026
                                                           4/4




                        under Section 482 of the BNSS.

                                     9. Accordingly, the impugned order is set aside and

                        the present appeal is allowed.



                                                   (Purnendu Singh, J)
Niraj/-

U         T


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