Patna High Court
Binod YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the application for anticipatory bail is maintainable as the alleged conduct does not amount to an offence under the SC/ST Act.
Summary
The appellants, three Yadav brothers, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly demolishing a house belonging to Manti Devi and abusing her after she protested a land dispute. The Special Judge had rejected their anticipatory bail application. On appeal, the High Court examined whether the alleged conduct amounted to an offence under the SC/ST Act, noting that the dispute arose from a land ownership issue and not from the victim’s Scheduled Caste status. The Court held that no SC/ST offence was made out and therefore the anticipatory bail application was maintainable. Consequently, the order rejecting bail was set aside and the appellants were directed to surrender within four weeks and obtain bail on prescribed conditions.
Issues considered
- Whether the alleged acts constitute an offence under the SC/ST (Prevention of Atrocities) Act
- Whether anticipatory bail is maintainable in the present facts
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 115(2), 126(2), 329(4), 3(5), 351(2), 351(3), 352, 76
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(s), 3(i)(r)(s)(w)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3706 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- SINDHUGAR District- Gaya
======================================================
1. Binod Yadav Son of Late Prasadi Yadav R/o Village - Banda Tola, P.S. -
Sindhugarh(Mohanpur), District -Gaya.
2. Bindeshwar Yadav Son of Late Prasadi Yadav R/o Village - Banda Tola, P.S.
- Sindhugarh(Mohanpur), District -Gaya.
3. Sajeet Yadav Son of Late Prasadi Yadav R/o Village - Banda Tola, P.S. -
Sindhugarh(Mohanpur), District -Gaya.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Manti Devi Wife of Jag Bahadur Turiya R/o Village - Bandotola, P.S. -
Sindhugarh(Mohanpur), Dist. - Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anand Kishore Sinha
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Pankaj Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
23.06.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Gaya in ABP No. 1590 of 2025 in connection with
Sindhugarh P.S. Case No. 26 of 2025 registered for the offence
under Sections 115(2), 126(2), 76, 351(2) and (3), 329(4), 352,
3(5) of the BNS and under section 3 (2) (s), 3(i)(r)(s)(w) of
S.C/S.T. (POA) Act by which anticipatory bail filed by the
appellants has been rejected.
3. As per the prosecution case, the complainant has
Patna High Court CR. APP (SJ) No.3706 of 2025(5) dt.12-03-2026
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alleged that the accused persons were constructing house on the
land of the complainant by demolishing the old structure and
when she protested, she was abused by the accused persons.
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the occurrence has taken place because of the land dispute and
therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State and the informant has
opposed the prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears that for a dispute over land, which has
earlier been sold by the Devar of the complaint to the
appellant/s, the occurrence has taken place and therefore, this
application for grant of anticipatory bail is held to be
maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 23.06.2025, is hereby set aside.
8. Let the appellants, in the event of their arrest or
Patna High Court CR. APP (SJ) No.3706 of 2025(5) dt.12-03-2026
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surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge-SC/ST Act,
Gaya/concerned Court below in in connection with Sindhugarh
P.S. Case No. 26 of 2025, subject to the conditions laid down
under Section 438(2) of the Code of Criminal Procedure/482(2)
of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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