Patna High Court
Amit Kumar @ Amit YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is allowed; the Special Judge’s order denying bail is set aside and the appellants are released on bail.
Summary
The appellants, Amit Kumar and Gudu Yadav, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and snatching Rs. 700 while attempting to fill a motorcycle tyre. The Special Judge had denied bail, prompting the appellants to file an appeal under Section 14A(2) of the Act, asserting that the allegations were vague, the case was filed to exert caste‑based pressure, and that a compromise petition existed. The High Court held that the accusations of physical assault and caste‑based abuse were not specifically pleaded and therefore did not justify denial of bail. Consequently, the court directed that the appellants be released on bail with a bond of Rs. 10,000 and two sureties, subject to Section 438(2) of the Cr.P.C., and set aside the Special Judge’s order dated 02‑08‑2025. The appeal was allowed and the order was quashed.
Issues considered
- Whether the Special Judge's order denying bail under the SC/ST (Prevention of Atrocities) Act is maintainable.
- Whether the allegations in the FIR constitute a specific offence warranting denial of bail.
- Whether the appeal filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is within the limitation period prescribed by Section 14A(3).
- Whether bail can be granted under Section 438(2) of the Criminal Procedure Code in the present circumstances.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 115(2), 126(2), 303(2), 3(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3)
Subjects
- bail
- SC/ST (Prevention of Atrocities) Act
- assault
- theft
- limitation period
- appeal
- quash order
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3801 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- SC/ST District- Gaya
======================================================
1. Amit Kumar @ Amit Yadav Son of Suresh Prasad Yadav @ Suresh yadav
Resident of Village -Gopi Bigha PS -Magadh Medical District- Gaya
2. Gudu Yadav @ Hemant Kumar Himanshu @ Guddu yadav Son of Suresh
Prasad Yadav @ Suresh yadav Resident of Village -Gopi Bigha PS -Magadh
Medical District- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Randhir Paswan son of Ramswarup Paswan Resident of Village -
Dhanawan, Po- Bagdaha, Ps- Bodhgaya, Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shailesh Kumar
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 23-02-2026 Heard the parties.
2. The appellant has preferred the present appeal under
Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short ‘the Act’) against the order
dated 02.08.2025 passed by the learned Exclusive Special Judge,
SC/ST, Gaya in A.B.P. No. 207/2025 in connection with SC/ST
P.S. Case No. 34/2025 registered under Sections 126(2), 115(2),
352, 303(2) and 3(5) of the BNS and Sections 3(i)(r)/3(1)(s) of
the SC/ST (POA) Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
Patna High Court CR. APP (SJ) No.3801 of 2025(3) dt.23-02-2026
2/3
4. Despite service of notice to respondent no. 2,
informant failed to join the present Court proceedings.
5. As per FIR, informant was assaulted by appellants
during the course of occurrence and also snatched Rs. 700/- from
him, when appellants approached to informant for wheel air filling
of motorcycle.
6. Learned counsel appearing for the appellants
submitted that allegation against appellants appears very much
general and omnibus and regarding same set of occurrence
appellant’s side also lodged a case which has been registered as
Bodh Gaya P.S. Case No. 346 of 2025 on the very next day i.e.,
on 17.05.2025, taking shelter of his caste informant lodged the
present case, after seven days just to create pressure upon
appellants, who are men of clean antecedent. It is submitted that
allegation of abusing caste name not appears available in public
view. It is also pointed out that informant compromised in with
appellant in terms of compromise petition, available at Annexure-
P/2 of petition.
7. Learned Special P.P. opposed the prayer of bail.
8. In view of the facts and circumstances, as allegation
qua physical assault is not appearing specific against appellants
and abusing in caste name also not appears to be made in public
Patna High Court CR. APP (SJ) No.3801 of 2025(3) dt.23-02-2026
3/3
view, accordingly, all above-named appellants in the event of their
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, are directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, SC/ST, Gaya/concerned Court,
where the case is pending in connection with A.B.P. No. 207/2025
in connection with SC/ST P.S. Case No. 34/2025, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
9. Accordingly, impugned order dated 02.08.2025 is
hereby set aside/quashed.
10. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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