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Patna High Court

Lalu Yadav @ Lallu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside, granting the appellants anticipatory bail subject to bond and surety conditions.

Summary

The appellants, Lalu Yadav and Raju Yadav, were charged under several sections of the Bhartiya Nyaya Sanhita, 2023 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting members of a Scheduled Caste community during a wedding ceremony. They filed an anticipatory bail application under Section 14‑A(2) of the SC/ST Act, which was rejected by the Special Judge. The appellants contended that a prior FIR filed by them against the informant was earlier in time and that the dispute was a mere scuffle over the marriage procession route, without any intention to demean the Scheduled Caste community. The court, noting the existence of a counter‑case and the prior FIR, held that anticipatory bail could be granted. Consequently, the appeal was allowed, the earlier order was set aside, and the appellants were directed to obtain bail on furnishing bonds and sureties.

Issues considered

  • Whether anticipatory bail under Section 14‑A(2) of the SC/ST Act is appropriate when a prior FIR exists against the complainant.
  • Whether the alleged conduct amounts to an offence under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether the existence of a counter‑case negates the ground for denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act
  • caste violence
  • counter FIR
  • Bhartiya Nyaya Sanhita
  • Section 14-A
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3304 of 2025
                      Arising Out of PS. Case No.-138 Year-2025 Thana- NAUHATTA District- Rohtas
                 ======================================================
           1.     Lalu Yadav @ Lallu Yadav Son of Naresh Yadav @ Nresh Yadev Resident
                  of Village -Dhanauti PS-Nauhatta District -Rohtas
           2.    Raju Yadav son of Naresh yadav @ Nresh Yadev Resident of Village
                 -Dhanauti PS-Nauhatta District -Rohtas

                                                                                  ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Bhola Nath Paswan Son of Late Chandrashekhar Paswan Resident of Village
                 -Dhanauti PS-Nauhatta District -Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ashwani Kumar Tiwary
                 For the State           :        Mr.Sadanand Paswan
                 For the O. P. No. 2     :        Mr. Abhishek Singh Rathaur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   16-04-2026         1. Heard learned Counsel for the appellants, learned Counsel

                            for the Opposite Party No. 2 and learned Additional

                            Public Prosecutor for the State.

                       2.   An order, dated 21.07.2025 passed by learned Special

                            Judge, SC/ST, Rohtas, at Sasaram, is under challenge in

                            the present appeal preferred under Section 14-A(2) of the

                            Scheduled Caste and Scheduled Tribes (Prevention of

                            Atrocities) Act, 1989, whereby the anticipatory regular

                            bail application of the appellant in connection with

                            Nauhatta Police Station Case No. 138 of 2025, registered

                            for    the       offences      punishable         under       Sections
Patna High Court CR. APP (SJ) No.3304 of 2025(4) dt.16-04-2026
                                             2/4




                   126(2)/115(2)/118(1)/352/351(2)/3(5) of the Bhartiya

                   Nyaya Sanhita, 2023 and Sections 3 (i) r/3 (i) (s) of the

                   Scheduled Caste and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989, has been rejected.

              3.   The prosecution case, as per the First Information Report,

                   is that on 29.04.2025, the wedding ceremony of the

                   daughter of one Anklesh Yadav was going on, in which

                   the informant and members of his community, were

                   invited. While they were eating and were sitting on chairs

                   for having dinner, the appellants, after seeing the

                   informant and members of his community got agitated

                   and started abusing them. The appellants brought

                   lathis/dandas and started assaulting the informant and

                   other members of his community. The appellants turned

                   off the generator, assaulted them and also broke the

                   bolero vehicle of the groom and its glass and also

                   threatened to falsely implicated the informant and his

                   community members in a false case.

              4.   Learned Counsel appearing on behalf of the appellants

                   submits that the present First Information Report has been

                   lodged as a counter blast to Nauhatta Police Station Case

                   No. 137 of 2025, lodged against the informant and others,
Patna High Court CR. APP (SJ) No.3304 of 2025(4) dt.16-04-2026
                                             3/4




                   registered under Sections 126(2)/115(2)/324(5)/352/351

                   (2)/3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging

                   therein that on 24.05.2025, while the marriage ceremony

                   was going on, at about 3 AM, the informant and other

                   accused persons arrived there with lathi/danda, started

                   abusing and damaged the bolero vehicle of the groom and

                   told that marriage procession would not be allowed to

                   proceed on the hill top and they would not allow the

                   marriage      ceremony          to   be       completed.   The   First

                   Information Report lodged by the side of the appellants is

                   prior in time to the present First Information Report. It

                   has further been submitted that the scuffle between the

                   parties took place on the ground of leading the marriage

                   procession on a particular route. There was no intention to

                   demean and humiliate the members of the Scheduled

                   Caste community. Both are co-villagers and due to minor

                   scuffle, simple injuries have caused to the side of the

                   informant.

              5.   On the other hand, learned Counsel for the Opposite Party

                   No. 2 vehemently opposes thew prayer for bail and

                   submits that the appellants are named in the First

                   Information Report and they called the informant and
            Patna High Court CR. APP (SJ) No.3304 of 2025(4) dt.16-04-2026
                                                         4/4




                               members of his community by their caste name.

                          6.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the fact that

                               both the parties are co-villagers, there is case and counter

                               case between them, the case lodged by the side of the

                               appellants is prior in time and the scuffle took place in the

                               marriage ceremony of one Anklesh Yadav, I am inclined

                               to grant the appellants privilege of anticipatory bail.

                          7.   Accordingly, this appeal is allowed and the order, dated

                               21.07.2025, passed by learned Special Judge, SC/ST,

                               Rohtas, at Sasaram, in connection with Nauhatta Police

                               Station Case No. 138 of 2025, is set aside.

                          8.   Let the appellants, above named, in the event of arrest or

                               surrender before the learned District Court, be released 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 Special Judge, SC/ST,

                               Rohtas, at Sasaram, in connection with Nauhatta Police

                               Station Case No. 138 of 2025.



                                                                         (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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