Patna High Court
Mahi Yadav @ Mahendra Kumar @ Modi Yadav @ Madi YadavversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellant subject to conditions.
Summary
The appellant, Mahi Yadav, was charged under several IPC offences and provisions of the SC/ST (Prevention of Atrocities) Act for an alleged caste‑based assault on 8 January 2024. The FIR was lodged ten days later, and the appellant contended that the delay and the nature of the allegations indicated false implication. He also argued that a notice had been properly served on the second respondent, who failed to appear, and that he had a clean antecedent and was only 18 years old. The Additional District and Sessions Judge had refused anticipatory bail on 24 May 2024. On appeal under Section 14‑A(2) of the SC/ST Act, the Patna High Court set aside the lower court’s order and granted anticipatory bail subject to bail bonds and sureties, invoking its inherent powers under Section 482(2) of the CrPC. The appeal was therefore allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act.
- Whether the delay in filing the FIR and the alleged false implication justify granting bail.
- Whether the lower court erred in refusing anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 307, 323, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(a), 3(1)(i), 3(1)(r), 3(1)(v)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- delay in FIR
- caste based assault
- Section 14-A
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3599 of 2024
Arising Out of PS. Case No.-43 Year-2024 Thana- KAHALGAON District- Bhagalpur
======================================================
Mahi Yadav @ Mahendra Kumar @ Modi Yadav @ Madi Yadav Son of Raju
Yadav @ Raja Ram Yadav R/O Subbanagar, P.s.- Shivnarayanpur, Dist.-
Bhagalpur, Bihar
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Aman Pasawn Son of Manoj Paswan R/O village- Maheshmunda, P.S-
Kahalgaon, District- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Baijnath Sah, Adv
For the Respondent/s : Mr. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 06-01-2026 Heard learned counsel for the appellant, Ms. Usha
Kumari-1 learned Spl. P.P. for the State.
2. 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
Act") against the refusal of prayer for anticipatory bail vide
order dated 24.05.2024 in A.B.P. No. 776 of 2024 passed by the
learned Additional District and Sessions Judge SC/ST Act,
Bhagalpur, in connection with Kahalgaon P.S. Case No. 43 of
2024 registered for the offences punishable under Sections 147,
341, 323, 307, 504 and 506 of the I.P.C. and Sections 3(1) (i),
3(1)(r), 3(1) (v), 3(1) (a) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3599 of 2024(5) dt.06-01-2026
2/3
3. Learned counsel for the appellants submits that
from perusal of the office report dated 10.11.2025, it would
manifest that the notice has been validly served upon
Respondent no. 2. It is further submitted that Respondent no. 2
despite receiving notice chooses not to appear and contest. It is
next submitted that appellant is a person with clean antecedent
and the informant alleges that on 8.1.2024 at about 11:00 A.M.,
he had gone to the examination center with his sister at Tatar
University and after dropping his sister he was returning when
the accused persons including the appellant abused him by
taking caste name and also assaulted with lathi, danda and fist
causing injury.
4. 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 the date of occurrence is
08.01.2024 and the FIR came to be instituted on 18.01.24 i.e.,
after a delay of ten days without any plausible explanation of
the same which cast aspersions on the case of prosecution. It is
also submitted that as far as allegation of abuse and assault is
alleged the same is general and omnibus in nature. It is also
submitted that appellant is a young boy aged about 18 years and
if he sent to judicial custody in the nature of allegation as
Patna High Court CR. APP (SJ) No.3599 of 2024(5) dt.06-01-2026
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alleged in the FIR, his entire career would be at stake.
5. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellant.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 24.05.2024 in A.B.P.
No. 776 of 2024 passed by the learned Additional District and
Sessions Judge SC/ST Act, Bhagalpur, in connection with
Kahalgaon P.S. Case No. 43 of 2024 is hereby set aside and the
appellant above-named, in the event of his 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) 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 Kahalgaon P.S. Case No. 43 of 2024 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Satyavrat Verma, J)
Jyoti/-
U T
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