Patna High Court
Kamla YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The appeal is allowed; the lower court’s order rejecting anticipatory bail is set aside as no prima facie case under the SC/ST Act exists.
Summary
The appellants filed an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 challenging the Additional Sessions Judge’s order rejecting their anticipatory bail petition. The High Court observed that the FIR did not specifically name the accused, lacked details of the alleged caste-based abuse, and did not describe any injury, rendering it insufficient to establish a prima facie offence under the SC/ST Act. The court also noted that the alleged conduct, if any, could at most attract Section 323 of the IPC and that the claim of a caste atrocity was frivolous. Consequently, the High Court held that no case under the SC/ST Act existed and allowed the appeal, setting aside the lower court’s order and directing that the appellants be enlarged on bail with specified conditions. The order also imposed conditions for cancellation of bail if criminal antecedents or false statements were later discovered.
Issues considered
- Whether the FIR discloses a prima facie offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted under Section 14(A)(2) of the SC/ST Act in the present facts.
- Whether the lower court erred in rejecting the anticipatory bail petition.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2)
Subjects
- anticipatory bail
- SC/ST Act
- prima facie case
- FIR deficiencies
- Section 14(A)(2)
- Section 323 IPC
- Section 482 CrPC
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3511 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- BIHIA District- Bhojpur
======================================================
1. Kamla Yadav S/o- Late Ramchandra Yadav Village- Katyan ward no- 8 Ps-
Bihiya Dist-Bhojpur
2. Manish Yadav @ Manish Kumar S/o- Kamla Yadav Village- Katyan ward
no- 8 Ps-Bihiya Dist-Bhojpur
3. Ranjan Yadav @ Ranjan Kumar S/o- Ram Lal Yadav Village- Katyan ward
no- 8 Ps-Bihiya Dist-Bhojpur
4. Prithvi Yadav @ Ranglal Yadav S/o- Gopal Yadav Village- Katyan ward no-
8 Ps-Bihiya Dist-Bhojpur
5. Ram Lal Yadav S/o- Gopal Yadav Village- Katyan ward no- 8 Ps-Bihiya
Dist-Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Dinanath Ram S/o- Dalip Ram Village- Katyan, Ps-Bihiya Dist-Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Priya, Advocate
For the State : Mr. Upendra Kumar, APP.
For the Informant : Mr. Dhananjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 23-02-2026 Heard Ld. counsel for the appellants and Ld.
Additional Public Prosecutor for the State as well as learned
counsel for the informant.
2. The present appeal has been preferred by the
appellants under Section 14(A)(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 against
the order dated 01.08.2025, passed by learned Additional
Sessions Judge-I-cum-Special Judge, SC/ST, Bhojpur at Ara in
A.B.P. No. 2072 of 2025, arising out of Bihiyan P.S. Case No.
Patna High Court CR. APP (SJ) No.3511 of 2025(4) dt.23-02-2026
2/4
207 of 2025, whereby learned Court below has rejected the
application of the Appellants for anticipatory bail.
3. There is no reference to any accused in the content
of the F.I.R. Only in the last, names of accused persons have
been given, but in the F.I.R., chain of events of the actual
happening has not been described with reference to the accused
persons. It is not possible for the Court to know who has
committed what, when and how. It also transpires that no exact
words of abuse has been mentioned in the F.I.R. Only allegation
is that caste indicting abuse was hurled on the informant, but
from the F.I.R., it transpires that on account of altercation on the
previous night, the occurrence had taken place as a revenge.
However, there is no specific allegation what injury was caused
to the accused. There is only allegation of throwing some bricks
and stone pieces on the victim, but there is no mention of any
injury.
4. Ld. counsel for the appellants submits that
the appellants are innocent and have falsely been implicated in
this case. She further submits that the whole allegation is false
and fabricated with intent to harass the accused persons on
account of enmity, moreover, no injury has been caused. Even
as per the allegation, accused persons have not been named, nor
Patna High Court CR. APP (SJ) No.3511 of 2025(4) dt.23-02-2026
3/4
place of occurrence has been stated. It is also alleged that the
occurrence has taken place at public view, nor is any statement
in the F.I.R. that the accused persons belong to non-SC/ST
Community. As such, no offence under SC/ST Act is applicable
and at most it may be a case of Section 323 of I.P.C. and
allegation regarding stealing mangalsutra is frivolous and
superficial.
5. It is also stated in paragraph no. 2 of the petition
that the appellants have not moved earlier before this Court for
grant of anticipatory bail. It has further been stated in paragraph
no. 3 that the appellants have no criminal antecedent.
6. However, the Ld. Additional Public Prosecutor for
the State and learned counsel for the informant submit that it is a
prima facie case under SC/ST Act is made out and hence,
anticipatory bail petition is not maintainable.
7. I find that as per the allegation, prima facie no
offence is made out under SC/ST Act and the alleged offence is
frivolous in nature.
8. Considering the aforesaid facts and circumstances,
the present appeal is allowed, setting aside the impugned order
dated 01.08.2025, passed by learned Additional Sessions Judge-
I-cum-Special Judge, SC/ST, Bhojpur at Ara in A.B.P. No. 2072
Patna High Court CR. APP (SJ) No.3511 of 2025(4) dt.23-02-2026
4/4
of 2025, arising out of Bihiyan P.S. Case No. 207 of 2025 and
directing the appellants, above-named, to be enlarged on bail, in
the event of their arrest or surrender before the court below
within a period of eight weeks from the date of receipt /
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of concerned
Court below, in connection with Bihiyan P.S. Case No. 207 of
2025, subject to the conditions as laid down under Section 482
(2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the appellants have any criminal antecedents, learned
court below shall cancel the bail bonds of the appellants after
hearing them and getting satisfied that the appellants have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the appellants.
9. The appeal stands allowed, accordingly.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.