Patna High Court
Dileep YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
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
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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/-
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