Patna High Court
Subhash Yadav @ Shobhash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The appeal is allowed; the order denying anticipatory bail is set aside and the appellant is to be enlarged on bail subject to conditions.
Summary
Subhash Yadav appealed against the denial of anticipatory bail under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in a case where he was alleged to have assaulted an informant and his mother. The appellant contended that the incident stemmed from a land dispute, not a caste-based atrocity, and that similar co‑accused had already been granted bail by a coordinate bench. The Additional Sessions Judge had rejected the bail application, prompting the appeal to the Patna High Court. The High Court examined whether the allegations attracted the SC/ST Act and considered the appellant's claim of innocence and prior bail precedents. Finding no sufficient basis to deny bail, the Court set aside the lower court’s order and directed that the appellant be enlarged on bail with specified conditions, subject to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the allegations against the appellant attract the provisions of the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail should be granted under Section 14(A)(2) of the SC/ST Act in the present circumstances.
- Whether the prior grant of bail to co‑accused influences the appellant's bail application.
Legislation cited
- B.N.S.S. — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2)
Subjects
- anticipatory bail
- SC/ST Act
- scheduled caste
- assault
- land dispute
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3604 of 2025
Arising Out of PS. Case No.-44 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Subhash Yadav @ Shobhash Yadav Son of Subelal Yadav, Resident of Village
- Sherpur, P.S.- Asthawan, District - Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Gajadhar Paswan Son of Late Ramashish Paswan, Resident of Village -
Sherpur, P.S.- Asthawan, District - Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pankaj Kumar, Advocate
For the State : Mrs. Usha Kumari 1, Spl. P.P.
For the Respondent No.2: None
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-02-2026 Heard Ld. counsel for the appellant and Ld. Special
Public Prosecutor for the State.
2. Despite notice served upon Respondent
No.2/Informant, nobody is present on behalf of the Respondent
No.2/Informant.
3. 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 25.07.2025, passed by learned Additional
Sessions Judge-VI-cum-Special Judge, SC/ST Act, Nalanda at
Bihar Sharif in A.B.P. No. 1086 of 2025, arising out of
Asthawan P.S. Case No. 44 of 2025, whereby learned Court
Patna High Court CR. APP (SJ) No.3604 of 2025(3) dt.24-02-2026
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below has rejected the application of the Appellant for
anticipatory bail.
4. As per allegation, the appellant along with other co-
accused came to the house of the informant and assaulted him
and his mother Girja Devi with fists and tore the blouse of
Khushbu Devi.
5. Ld. counsel for the appellant submits that
the appellant is innocent and has falsely been implicated in
this case. He further submits that there is no allegation which
attracts SC/ST Act, because there is no allegation of any abuse
by caste name nor is any allegation that informant was assaulted
by the appellant with intent to humiliate him and his family
members on account of they belonging to Scheduled Caste
Community. He further submits that there is also no allegation
that the occurrence has taken place at public place, nor is it
alleged in the F.I.R. that the accused-appellant belong to other
than SC/ST Community. He further submits that as a matter of
fact, there was a land dispute and on account of it, there was
free fight between both sides and injury on both sides and
counter case has been also filed by the appellant bearing
Ashthawan P.S. Case No. 45 of 2025 registered for the offences
punishable under Sections 190, 191(2), 12692), 115(2), 74,
Patna High Court CR. APP (SJ) No.3604 of 2025(3) dt.24-02-2026
3/4
75(1) and 109 of BNS. He also submits that similarly situated
co-accused persons, namely, Aman Yadav, Gula Yadav @ Gulla
Yadav and Lalu Yadav @ Lallu Yadav have been already
enlarged on anticipatory bail by a Co-ordinate Bench of this
Court vide order dated 19.01.2026 passed in Criminal Appeal
(SJ) No. 1839 of 2025.
6. 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 one criminal antecedent.
7. However, the Ld. Special Public Prosecutor for the
State vehemently opposes the prayer of the appellant for bail.
8. Considering the aforesaid facts and circumstances,
the present appeal is allowed, setting aside the impugned order
dated 25.07.2025, passed by learned Additional Sessions Judge-
VI-cum-Special Judge, SC/ST Act, Nalanda at Bihar Sharif in
A.B.P. No. 1086 of 2025, arising out of Asthawan P.S. Case No.
44 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
Patna High Court CR. APP (SJ) No.3604 of 2025(3) dt.24-02-2026
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sureties of the like amount each to the satisfaction of concerned
Court below, in connection with Asthawan P.S. Case No. 44 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
below that the appellant has any criminal antecedent other than
the disclosed one, 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
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