Created by Fuzzy Cloud

Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the alleged offence was not committed with caste‑based intent, so the SC/ST Act does not apply, and the appeal is allowed granting anticipatory bail subject to conditions.

Summary

The appellant, Santosh Yadav, appealed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the Special Court's order rejecting his anticipatory bail application. He was accused of indecently touching a woman belonging to a Scheduled Caste/Tribe during the night. The appellant contended that the allegation was false, stemmed from a loan dispute, and that the offence, if any, was not motivated by caste hatred, thus falling outside the SC/ST Act. The Special Public Prosecutor and the informant opposed bail. The High Court examined whether the alleged act was committed with intent to humiliate the victim on account of her caste and concluded that it was not, rendering the SC/ST Act inapplicable. Consequently, the appeal was allowed, and the appellant was directed to be released on bail subject to conditions under Section 482(2) of the Bihar Negotiable Instruments Act, 2023.

Issues considered

  • Whether the alleged indecent touching constitutes an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, i.e., whether it was committed with intent to humiliate the victim on the basis of her caste.
  • Whether anticipatory bail can be granted under Section 14(A)(2) of the SC/ST Act in the present circumstances.
  • Whether the appellant's lack of criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste discrimination
  • outraging modesty
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3582 of 2025
                      Arising Out of PS. Case No.-310 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Santosh Yadav S/O Nageshwar Yadav, R/O Village- Chaksurat,
                 (Aguntola),PO-Nandlalabad P.S.- Panchrukhia, District- Patna.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Shobha Devi D/O Shri Nitish, W/O Paswan R/O Village- Chaksurat,
                 (Aguntola),PO-Nandlalabad P.S.- Panchrukhia, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Saifur Rahman, Advocate
                 For the State           :        Mr. Binay Krishna, Spl. P.P.
                 For the Informant       :        Mr. Parmeshwar Vishwakarma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   23-02-2026                  Heard Ld. counsel for the appellant and Ld. Special

                   Public Prosecutor for the State as well as learned counsel for the

                   informant.

                                2. The present appeal has been preferred by the

                   appellant under Section 14(A)(2) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989 against

                   the order dated 23.07.2025, passed by learned Exclusive Special

                   Court, SC/ST, Patna in A.B.P. No. 2825 of 2025, arising out of

                   Gaurichak P.S. Case No. 310 of 2025, whereby learned Court

                   below has rejected the application of the Appellant for

                   anticipatory bail.

                                3. As per the allegation, the informant lady was
Patna High Court CR. APP (SJ) No.3582 of 2025(3) dt.23-02-2026
                                             2/4




          sleeping with her children in her house and in the midst of the

          night at 3:00 A.M., the accused touched her in indecent way and

          she woke up, raised hulla and other family members also woke

          up and then accused-petitioner fled away. It is also stated that

          the informant belongs to SC/ST Community.

                       4. Ld. counsel for the appellant submits that

          the appellant is innocent and has falsely been implicated in

          this case on account of his demand of repayment of the loan

          which was already given to her husband. He further submits that

          even as per the allegation, no case under SC/ST Act is made out

          because it does not transpire from the content of the F.I.R. that

          alleged outraging modesty has been committed by the appellant

          against the informant lady on account of her being Scheduled

          Castes. As such, unless the alleged offence is committed only

          with intent to humiliate the victim on account of being a

          member of the SC/ST Community, SC/ST Act does not come

          into play. At most, it is a case of outraging modesty punishable

          under Indian Penal Code.

                       5. It is also stated in paragraph no. 2 of the petition

          that the appellant has not moved earlier before this Court for

          grant of anticipatory bail. It has further been stated in paragraph

          no. 3 that the appellant has no criminal antecedent.
Patna High Court CR. APP (SJ) No.3582 of 2025(3) dt.23-02-2026
                                             3/4




                       6. However, the Ld. Special Public Prosecutor for the

          State and learned counsel for the informant vehemently oppose

          the prayer of the appellant for anticipatory bail.

                       7. Considering the aforesaid facts, it appears that

          alleged offence has not been committed with intent to humiliate

          the informant on account of being a member of the Scheduled

          Castes Community and hence, prima facie SC/ST Act is not

          maintainable against the appellant.

                       8. Accordingly, the present appeal is allowed, setting

          aside the impugned order dated 23.07.2025, passed by learned

          Exclusive Special Judge, SC/ST Act, Patna in A.B.P. No. 2825

          of 2025, arising out of Gaurichak P.S. Case No. 310 of 2025 and

          directing the appellant, above-named, to be enlarged on bail, in

          the event of his 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 his furnishing bail bonds in the sum of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of concerned Court below, in connection

          with Gaurichak P.S. Case No. 310 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
           Patna High Court CR. APP (SJ) No.3582 of 2025(3) dt.23-02-2026
                                                        4/4




                     below that the appellant has any criminal antecedent, learned

                     court below shall cancel the bail bonds of the appellant after

                     hearing him and getting satisfied that the appellant has

                     concealed his criminal antecedents despite his 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 appellant.

                                  9. The appeal stands allowed, accordingly.



                                                                      (Jitendra Kumar, J.)
ravishankar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.