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Patna High Court

BIBHASH KUMAR @ BIBHASH YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the lower court’s order denying anticipatory bail, holding that the seriousness of the alleged assault and destruction of Panchayat documents justified refusal of bail.

Summary

The appellant, Bibhash Kumar, was charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly entering the informant's room, verbally abusing him on caste grounds, assaulting him, and destroying Panchayat office documents. He sought anticipatory bail, claiming innocence and political victimisation, and asserted a clean antecedent. The Special Public Prosecutor opposed bail, emphasizing the seriousness of the allegations and the damage to public records. The Patna High Court examined whether the facts justified granting anticipatory bail and whether the conduct fell within the ambit of the SC/ST Act. Finding the accusations serious and the alleged destruction of official documents indicative of a non‑bailable offence, the Court upheld the lower court’s denial of bail. Consequently, the appeal for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the appellant in view of the alleged assault and document destruction.
  • Whether the alleged conduct constitutes an offence punishable under the SC/ST (Prevention of Atrocities) Act.
  • Whether the nature and seriousness of the allegations warrant denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • damage to public documents
  • bail jurisprudence
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3598 of 2023
                         Arising Out of PS. Case No.-17 Year-2023 Thana- SC/ST District- Munger
                 ======================================================
                 Bibhash Kumar @ Bibhash Yadav S/O Bhuneshwar Prasad Yadav R/O
                 Village- Bari Majhgain, P.S- Gangta, Distt.- Munger.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Gaurav Kumar S/O Sri Babulal Rajak R/O Village- Nathnagar Guldar Patti,
                 P.S- Lalmatia, Distt.- Bhagalpur At Present Panchayat Rojgar Sevak At
                 Gram Panchayat Majhgain (Informant)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ajay Kumar Thakur, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   19-03-2026                 Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel appearing on behalf of

                   appellant and Spl. Public Prosecutor.

                               3. This criminal appeal has been filed against the

                   order dated 06.07.2023 passed by learned Additional District &

                   Sessions Judge 1st, Munger in ABP No. 820 of 2023 arising out

                   of SC/ST P.S. Case No. 17 of 2023, registered under Sections

                   341, 323, 448, 427, 504, 506/34 of the Indian Penal Code and

                   Section 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the

                   prayer for anticipatory bail of appellant has been rejected.
            Patna High Court CR. APP (SJ) No.3598 of 2023(4) dt.19-03-2026
                                                         2/2




                                   4. It is alleged that this appellant, who is Bhaisur of

                      Mukhiya, entered the room of informant, abused him by caste

                      name and assaulted with fists and slaps. It is further alleged that

                      in course of assault, the accused persons tore the documents

                      relating to Panchayat Office and took away some register and

                      documents.

                                   4. Learned counsel for the appellant submits that

                      appellant is innocent and has committed no offence. Appellant

                      has falsely been implicated in this case due to village politics. It

                      is not the case of informant that alleged incident occurred within

                      public view, as such no case under SC/ST Act is made out

                      against the appellant. Appellant claims clean antecedent.

                                   5. However, learned Spl. Public Prosecutor appearing

                      for the State vehemently opposes the prayer for bail.

                                   6. Considering the nature of accusation and the fact

                      that appellant and others damaged the documents of the

                      Panchayat Office, I do not find any ground to interfere with the

                      order of the learned court below and as such, the appeal, which

                      has been filed for grant of anticipatory bail, is hereby rejected.



                                             (Prabhat Kumar Singh, J)
Navya/-
U       T


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