Patna High Court
Bhushan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to statutory conditions.
Summary
The appellants, Bhushan Yadav and Sunil Yadav, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Indian Penal Code for allegedly assaulting a complainant, his wife and daughter, using caste‑based slurs, breaking a mobile phone and extorting money. The incident arose from a dispute over a broken peg used to tie cattle, which escalated into a violent confrontation. The appellants sought anticipatory bail, arguing they have clean antecedents, the injuries were minor, and that the alleged caste abuse did not occur in a public place nor meet the criteria of the SC/ST Act. The Special Public Prosecutor and the second respondent opposed the bail, contending that the offences under the SC/ST Act were made out. The Patna High Court, after considering the facts and the clean record of the appellants, granted bail subject to conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S., thereby setting aside the lower court’s order denying anticipatory bail.
Issues considered
- Whether the allegations of caste‑based abuse constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail can be granted to the appellants in a case involving offences under the SC/ST Act and the Indian Penal Code.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 115(2), 126(20), 303(2), 329(4), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.356 of 2025
Arising Out of PS. Case No.-398 Year-2024 Thana- NARDIGANJ District- Nawada
======================================================
1. Bhushan Yadav Son of Lakhan Yadav Resident of Village- Fatehpur, PS-
Nardiganj, Distt.- Nawada
2. Sunil Yadav Son of Lakhan Yadav Resident of Village- Fatehpur, PS-
Nardiganj, Distt.- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Durga Choudhary S/O Anil Choudhary R/O Vill.- Bajra, Balwapur, P.S.-
Hisua, Dist.- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Ranjan, Advocate
For the State : Mr. Binay Krishna, Spl. PP
For the Respondent No. 2 : Mr. Pramod Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 13-02-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor appearing for the State and learned
counsel for the respondent no. 2.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
27.11.2024 passed by learned Exclusive Special Judge, (SC/ST),
Nawada, in connection with Nardiganj P.S. Case No. 398 of
2024 registered under Sections 126(20, 115(2), 74, 303(2),
329(4), 352, 351(2) and 3(5) of the B.N.S. read with Section
3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.356 of 2025(5) dt.13-02-2026
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Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer
for grant of anticipatory bail of the appellants has been rejected.
3. The prosecution case, in brief, is that, on
05.11.2024, at about 3:00 PM, the complainant was traveling in
his Scorpio car from Basti Bigha to his residence in Bajra
Balwa. When the complainant reached near the house of
Bhushan Yadav (appellant no. 1), he noticed that the appellant
had placed a peg on the road to tie his cattle, which was broken
by his vehicle. Upon reaching his home, the complainant was
confronted by Bhushan Yadav (appellant no.1) and Sunil Yadav
(appellant no. 2) and both of them began hurling caste-based
slurs at him and accusing him of breaking their peg with his car.
On this the complainant responded and said that if the peg was
broken by my vehicle, I will replace it. The complainant along
with his wife went to the house of the appellant to replace the
damaged peg then the situation escalated and the appellants and
Navlesh Kumar attacked the complainant with sticks and iron
rods and when the wife of the complainant, Mina Devi,
intervened to mediate the situation, then all the accused persons
started assaulting her due to which she sustained severe head
injury and became unconscious. At that moment, the daughter of
the complainant, namely, Poonam Kumari, arrived to rescue her
Patna High Court CR. APP (SJ) No.356 of 2025(5) dt.13-02-2026
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then son of Navlesh Kumar and Sunil Yadav grabbed her and
thrashed her on the ground. During such altercation, the
appellant broke the mobile of the complainant and also snatched
Rs. 5000/- from him. On hulla, villagers arrived and took Mina
Devi and Poonam Kumari to Community Health Center, Hisua
for treatment.
4. Learned counsel for the appellants submits that
the appellants, who are of clean antecedent, are innocent and
have not committed any offence. It is further submitted that the
appellants have been falsely implicated in this case merely on
the basis of petty dispute between the parties. It is next
submitted that the injuries which are sustained by the injured are
simple in nature. As regards allegation of abuse with the caste
name attracting the rigours of SC & ST Act is concerned, it is
not committed in a public place nor any person has been named
to be present at the place of occurrence when the alleged offence
of abuse was being committed. He further submits that no case,
as alleged in the F.I.R, attracting rigours of SC & ST Act, is
made out against the appellants. Hence, the impugned order
may be set aside and the appellants may be granted the privilege
of anticipatory bail.
5. Learned Special Public Prosecutor for the State
Patna High Court CR. APP (SJ) No.356 of 2025(5) dt.13-02-2026
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as well as learned counsel for the respondent No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellants bear clean
antecedent, let the above named appellants, in the event of his
arrest/surrender within a period of six weeks, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, (SC/ST), Nawada, in
connection with Nardiganj P.S. Case No. 398 of 2024, subject to
the conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 27.11.2024 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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