Patna High Court
Bhawan Yadav @ Bhawan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to bond and surety conditions.
Summary
The appellants Bhawan Yadav and Guddu Sao were charged under several IPC sections and the SC/ST Act for allegedly trespassing, verbally abusing with casteist slurs, assaulting an informant and disrobing his wife on 8 August 2023. They contended that the case was false, arising from a neighbour dispute, and that the alleged assault occurred inside a private house, making the SC/ST provisions inapplicable. The Special Judge had rejected their anticipatory bail application. On appeal, the Patna High Court considered the nature of the accusations, the clean antecedent of the appellants, and the fact that the incident was not in public view. The Court held that bail could be granted subject to a bond of Rs 10,000 with two sureties, provided the appellants surrender within eight weeks. Consequently, the order rejecting anticipatory bail was set aside and the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the IPC sections and the SC/ST Act.
- Whether the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are applicable when the alleged offence occurred inside a private residence.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354B, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- assault
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3610 of 2024
Arising Out of PS. Case No.-770 Year-2023 Thana- BARACHATTI District- Gaya
======================================================
1. Bhawan Yadav @ Bhawan Kumar Yadav son of Sahdev Yadav Resident of
Village- Jaigir, P.S. Barachatti, District- Gaya
2. Guddu Sao @ Om Prakash Keshri son of Mahendra Prasad Keshari @
Mahendra Keshri Resident of Village- Jaigir, P.S. Barachatti, District- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Shri Manjhi son of Late Chothi Manjhi Village- Jaigir Ps- Barachatti Dist-
Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Gajendra Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
Mr. Rajnish Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
25.05.2024 passed by learned Exclusive Special Judge, SC/ST,
Gaya in ABP No. 168 of 2024 arising out of Barachatti P.S.
Case No. 770 of 2023 registered under Sections 341, 323, 354B,
504, 506, 34 of the Indian Penal Code and Section 3(1)(r)(s) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellants has been rejected.
3. As per F.I.R., on 8.08.2023, these appellants along
Patna High Court CR. APP (SJ) No.3610 of 2024(4) dt.15-01-2026
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with other co-accused persons trespassed into the house of
informant, verbally abused him using casteist slurs, assaulted
him and disrobed his wife.
4. Learned counsel for the appellants submits that
both parties are next-door neighbours and due to petty dispute,
this false and concocted case has been lodged against appellants
and others. Allegation of assault is general and omnibus. It is
further submitted that alleged incident occurred inside the house
of informant and not within public view and as such, no case
under SC/ST Act is made out against the appellants. Appellants
claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in
ABP No. 168 of 2024 arising out of Barachatti P.S. Case No.
770 of 2023.
Patna High Court CR. APP (SJ) No.3610 of 2024(4) dt.15-01-2026
3/3
7. Accordingly, this criminal appeal is allowed and
impugned order dated 25.05.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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