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Patna High Court

Dileep YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail cannot be granted; the appeal is dismissed.

Summary

The Patna High Court considered an appeal under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act challenging the refusal of anticipatory bail for four accused (the Yadavs) in a case of alleged firing on 4‑August‑2024. The prosecution alleged that the accused, who have prior criminal cases, were part of a group that opened fire, leading to the recovery of three empty cartridges, although no injuries were reported. The appellants argued that they were falsely implicated and that the informant did not specifically identify them as the shooters. The State opposed bail, contending that the seriousness of the offences and the appellants’ antecedents created a risk of absconding or tampering with evidence. The bench held that anticipatory bail could not be granted and dismissed the appeal.

Issues considered

  • Whether anticipatory bail should be granted to the appellants under Section 14‑A(2) of the SC/ST Act.
  • Whether the appellants' criminal antecedents and the seriousness of the alleged firing offence justify denial of anticipatory bail.
  • Whether there is a risk of the appellants absconding or tampering with evidence if bail is granted.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • criminal antecedent
  • firearms
  • evidence tampering
  • bail denial

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3653 of 2025
                     Arising Out of PS. Case No.-418 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
           1.     Dileep Yadav S/o Late Channa Yadav R/o vill - Khagari (Khagaraiya) Bigha,
                  P.S.- Islampur, Distt.- Nalanda
           2.    Ravi Yadav S/o Dileep Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.-
                 Islampur, Distt.- Nalanda
           3.    Guddu Kumar @ Choli S/o Dileep Yadav R/o vill - Khagari (Khagaraiya)
                 Bigha, P.S.- Islampur, Distt.- Nalanda
           4.    Suraj Yadav S/o Sanjay Yadav R/o vill - Khagari (Khagaraiya) Bigha, P.S.-
                 Islampur, Distt.- Nalanda

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Manju Devi W/o Late Naresh Sapera R/o vill - Khatolana Bigha, P.S.-
                 Islampur, Distt.- Nalanda

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Manoj Kumar
                 For the Respondent/s   :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   07-05-2026              1.    Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State, Sri Binay Krishna.

                            2.    The defect/s as pointed by the office is ignored.

                            3.    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 1-8-2025 in A.B.P. No. 1190 of 2025 passed by the

                   learned Additional Sessions Judge VI-cum-Special Judge
Patna High Court CR. APP (SJ) No.3653 of 2025(4) dt.07-05-2026
                                             2/3




          S.C./S.T. (POA) Act, Nalanda at Biharsharif in connection with

          Islampur P.S. Case No. 418 of 2024 registered for the offences

          punishable under Sections 192(2), 191(3), 190, 329(3), 126(2),

          115(2), 109, 74, 352, 351(3) of the BNS as well as Sections 3(1)

          (r)(s)(w)(i) and 3(2)(va) of the SC/ST Act and Section 27 of the

          Arms Act.

                    4.    Learned counsel for the appellants submits that

          appellant nos. 1, 2 and 4 have antecedent of 2 cases and

          appellant no. 3 has antecedent of three cases and the informant

          alleges that 7-8 unknown accused came on 4-8-2024 at 8:45 pm

          and started firing, when someone informed the police and when

          police came, accused persons fled and three fired cartridges

          were recovered from the place of occurrence.

                    5.    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 no doubt informant alleges

          that firing was made, but then no one was injured in the firing

          nor the informant specifically alleges that it were the appellants

          who resorted to firing though it is alleged that appellants were

          also present at the place of occurrence.

                    6.    Learned Spl. P.P. for the State, Sri Binay Krishna,

          opposes the prayer for anticipatory bail of the appellants and
              Patna High Court CR. APP (SJ) No.3653 of 2025(4) dt.07-05-2026
                                                           3/3




                        submits that appellants have criminal antecedent and allegation

                        is of firing and when police came, three empty cartridges were

                        also recovered from the place of occurrence as such if privilege

                        of anticipatory bail is granted to the appellants, the appellants

                        may abscond or try to tamper with the evidence.

                                  7.    Considering the submission made by learned

                        Spl.PP, the Court is not inclined to extend the privilege of

                        anticipatory bail to the appellant.

                                  8.    Accordingly, the appeal is dismissed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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