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Patna High Court

Sudama YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the allegations stemmed from a land dispute, not caste animus, and consequently set aside the order refusing anticipatory bail, granting anticipatory bail to the appellants.

Summary

The appellants Sudama, Krishna and Dhirendra Yadav appealed under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act against a refusal of anticipatory bail. The informant alleged that the accused assaulted him and his brother over a land dispute, with claims of caste‑based abuse. The appellants contended that the case arose solely from a land dispute, that the abuse allegation was vague, and that they were falsely implicated. The State could not rebut the claim that the incident was not motivated by the informant’s Scheduled Caste status. The High Court set aside the lower court’s order refusing bail and granted anticipatory bail to appellants 2 and 3, subject to conditions under Section 482(2) of the BNSS, thereby allowing the appeal.

Issues considered

  • Whether the refusal of anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act is justified in the present facts.
  • Whether the alleged offences are motivated by caste animus or by a land‑dispute, affecting the applicability of the SC/ST Act.
  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS in this case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • Section 14-A
  • land dispute
  • caste violence
  • criminal assault
  • Section 482
  • BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3560 of 2025
                        Arising Out of PS. Case No.-36 Year-2025 Thana- MAIGRA District- Gaya
                 ======================================================
           1.     Sudama Yadav S/o- Krishna Yadav Village- Maigra PS- Maigra, Dist- Gaya
           2.    Krishna Yadav S/o- Balgivind Yadav Village- Maigra PS- Maigra, Dist-
                 Gaya
           3.    Dhirendra Yadav S/o- Krishna Yadav Village- Maigra PS- Maigra, Dist-
                 Gaya

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sonu Kumar S/o- Dashrath Bhuiyan Village- Plus PS- Maigra, Dist- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Md. Javed Jafar Khan, Adv
                 For the Respondent/s   :        Mr. Binay Krishna, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-01-2026                 Heard learned counsel for the appellants, Mr. Binay

                   Krishna learned Spl. PP. for the State and learned counsel for

                   the informant.

                               2. Learned counsel appearing on behalf of the

                   appellants, after some arguments, seeks permission to withdraw

                   the appeal with respect to appellant no.1, namely, Sudama

                   Yadav.

                               3. Permission is accorded.

                               4. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST
Patna High Court CR. APP (SJ) No.3560 of 2025(4) dt.06-01-2026
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          Act") against the refusal of prayer for anticipatory bail vide

          order dated 01.08.2025 in A.B.P. No. 187 of 2025 passed by the

          learned Exclusive Special Judge S.C./S.T, Gaya, in connection

          with Maigra P.S. Case No. 36 of 2025 registered for the offences

          punishable under Sections 126(2), 115(2), 74, 109, 352, 351(2),

          3(5) of the B.N.S. AND Sections 3(1)(r), 3(1)(s), 3(2) (v-a) of

          the SC/ST (PoA) Act.

                       5. Learned counsel for the appellants submits that the

          appellants nos. 2 and 3 are persons with clean antecedent and

          the informant alleges that on 19.05.2025 at about 8:00 P.M., he

          had gone to his agricultural field where he saw the named

          accused persons including the appellant watering his field

          accordingly the informant and his brother objected the same, it

          is further alleged that the named accused person including the

          appellants assaulted the informant by rod on his head causing

          injury, thereafter, Krishna Yadav (appellant no. 2) assaulted the

          brother of the informant by axe causing injury on head. It is next

          alleged that when informant and his brother tried to escape from

          the place of occurrence, accused Sudama Yadav (appellant no.

          1) assaulted with knife causing injury to his brother while Chotu

          Yadav and Rambali Yadav assaulted Suraj Paswan and Krishna

          Yadav (appellant no. 2) along with Dharmendra Yadav outraged
Patna High Court CR. APP (SJ) No.3560 of 2025(4) dt.06-01-2026
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          the modesty of women of the family member, further 8-10

          unknown miscreants came from the side of the appellants and

          started assaulting the informant and his side by fist and lathi.

                       6. Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR it would manifest that on

          account of dispute relating to land the alleged occurrence is

          alleged to have taken place. It is next submitted that on account

          of dispute an altercation took place in which both side assaulted

          each other. It is also submitted that as far as allegation of abuse

          is alleged the same is general and omnibus in nature and it does

          not appear probable that all the accused person in one go would

          have started abusing the side of the informant. It is further

          submitted that even injuries suffered by the injured has been

          opined to be simple in nature. It is reiterated and submitted that

          occurrence took place on account of land dispute and not for the

          reason that informant belongs to SC category.

                       7. Learned Spl. P.P. for the State and learned counsel

          for the informant oppose the prayer for anticipatory bail of the

          appellant but then are not in a position to rebut the submission

          of the learned counsel appearing on behalf of the appellants that
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                        the occurrence took place on account of land dispute and

                        allegation of abuse is general and omnibus in nature.

                                     8. In view of the submissions made by the learned

                        counsel for the appellants, the order dated 01.08.2025 in A.B.P.

                        No. 187 of 2025 passed by the learned Exclusive Special Judge

                        S.C./S.T, Gaya, in connection with Maigra P.S. Case No. 36 of

                        2025 is hereby set aside and the appellants no. 2 and 3 above-

                        named, in the event of their arrest or surrender before the

                        learned Court below within a period of six weeks from today, be

                        released on anticipatory bail on furnishing bail bonds of Rs.

                        5,000/- (Rupees Five Thousand) each with two sureties of the

                        like amount each to the satisfaction of the learned court below

                        where the case is pending/successor court in connection with

                        Maigra P.S. Case No. 36 of 2025 subject to the conditions as

                        laid down under Section 482 (2) of the BNSS.

                                     9. Accordingly the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Jyoti/-

U         T


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