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Patna High Court

SANJAY YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed anticipatory bail to the appellants, setting aside the lower court’s order.

Summary

The appellants, a group of Yadavs, were charged under several IPC sections and Section 3(2)(va) of the SC/ST Act for allegedly assaulting an informant and abusing his caste name, with the informant's wife also said to have been assaulted by a co‑accused. The appellants contended that the specific assault allegation pertained only to the co‑accused Amar Yadav and that the charges against them were vague, lacking any injury report or proof of a public act, thereby rendering the SC/ST Act inapplicable. Their anticipatory bail application was rejected by the Exclusive Special Judge. On appeal, the Patna High Court examined the lack of specific overt acts and injury evidence, noted the appellants' clean antecedent, and ordered that they be released on bail upon surrender within eight weeks, subject to a bond of Rs. 10,000 with two sureties. The court set aside the lower court’s order concerning the appellants, granting them bail.

Issues considered

  • Whether the appellants can be granted anticipatory bail despite charges under multiple IPC sections and the SC/ST Act.
  • Whether the allegations against the appellants constitute a specific offence under Section 3(2)(va) of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • assault
  • caste-based offence
  • bail jurisdiction
  • Indian Penal Code

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3799 of 2023
                      Arising Out of PS. Case No.-639 Year-2022 Thana- BODHGAYA District- Gaya
                 ======================================================
           1.     Sanjay Yadav S/O- Late Umesh Yadav Village- Newtapur Ps- Bodh Gaya
                  Dist- Gaya
           2.    Amit Yadav son of Sanjay Yadav Village- Newtapur Ps- Bodh Gaya Dist-
                 Gaya
           3.    Chhotu Yadav son of Late Krishna Yadav Village- Newtapur Ps- Bodh Gaya
                 Dist- Gaya
           4.    Rohit Yadav son of Suresh Yadav Village- Newtapur Ps- Bodh Gaya Dist-
                 Gaya
           5.    Nitish Kumar son of Manoj Yadav Village- Newtapur Ps- Bodh Gaya Dist-
                 Gaya
           6.    Bitu Yadav son of Ashok Yadav Village- Newtapur Ps- Bodh Gaya Dist-
                 Gaya
           7.    Sagar Yadav son of Murari Yadav Village- Newtapur Ps- Bodh Gaya Dist-
                 Gaya
           8.    Birendra Yadav Son Of Rampravesh Yadav Village- Newtapur Ps- Bodh
                 Gaya Dist- Gaya
           9.    Deepak Yadav Son Of Jagdish Yadav Village- Newtapur Ps- Bodh Gaya
                 Dist- Gaya
           10. Tapu Yadav Son Of Late Jalil Yadav Village- Newtapur Ps- Bodh Gaya Dist-
               Gaya
           11. Ashok Pandey Son Of Late Rajendra Pandey Village- Newtapur Ps- Bodh
               Gaya Dist- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Rajdev Manjhi son of Late Husain Manjhi Village- Newatapur Ps-
                 Bodhgaya Dist- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Vijay Kumar, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   19-03-2026                   Despite valid service of notice, none appears on

                   behalf of the respondent no. 2.
Patna High Court CR. APP (SJ) No.3799 of 2023(5) dt.19-03-2026
                                             2/3




                       2. Heard learned counsel for the appellants and the

          State.

                       3. This appeal has been filed against the order dated

          14.07.2023 passed by learned Exclusive Special Judge, SC/ST,

          Gaya in ABP No. 209 of 2023 arising out of Bodhgaya P.S. Case

          No. 639 of 2022 registered under Sections 147, 148, 341, 323,

          354, 308, 506 of the Indian Penal Code and Section 3(2)(va) of

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, whereby the prayer for anticipatory bail of

          appellants has been rejected.

                       4. As per F.I.R., these appellants assaulted and abused

          the informant by caste name and and when wife of the

          informant came to save him, co-accused Amar Yadav assaulted

          her.

                       5. Learned counsel for the appellants submits that

          specific accusation of assault is against co-accused Amar Yadav.

          Allegation of assault against appellants is general and omnibus

          and there is no allegation of any specific overt act against them.

          Though these appellants are alleged to have assaulted the

          informant but there is no injury report on record to substantiate

          the allegations. It is not the case of informant that alleged

          incident occurred within public view and as such, no case under
              Patna High Court CR. APP (SJ) No.3799 of 2023(5) dt.19-03-2026
                                                           3/3




                        SC/ST Act is made out against the appellants. Appellants claim

                        clean antecedent.

                                     6. Learned Spl. Public Prosecutor for the State

                        vehemently opposed the bail application.

                                     7. Considering the aforesaid facts, 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. 209

                        of 2023 arising out of Bodhgaya P.S. Case No. 639 of 2022.

                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 14.07.2023 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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