Patna High Court
Ankit Yadav @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is not maintainable and is dismissed.
Summary
The appellants, Ankit Yadav, Karan Yadav and Kalendra Kumar, were charged with preventing an informant from entering a temple, assaulting him and using caste-based slurs, alleged under several sections of the Bihar Non‑Applicable Statutes and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They appealed the conviction order of the Additional District and Sessions Judge‑I‑cum‑Special Court, Siwan. The Patna High Court examined the FIR and found that the offences were clearly made out against the appellants. Consequently, the Court held that the appeal was not maintainable. The appeal was dismissed and the appellants were ordered to surrender within four weeks and to apply for regular bail.
Issues considered
- Whether the criminal appeal filed by the appellants is maintainable in view of the FIR and the findings of the trial court
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(2)(va)
Subjects
- criminal appeal
- SC/ST Act
- assault
- caste harassment
- maintainability
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3913 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- SC/ST District- Siwan
======================================================
1. Ankit Yadav @ Ankit Kumar S/O Vijay Yadav R/O Vill.- Sarsa, P.S.-
Dhanauti O.P., Dist.- Siwan.
2. Karan Yadav @ Karan Kumar S/O Ajay Yadav R/O Vill.- Sarsa, P.S.-
Dhanauti O.P., Dist.- Siwan.
3. Kalendra Kumar S/O Balindra Gupta R/O Vill.- Sarsa, P.S.- Dhanauti O.P.,
Dist.- Siwan.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Aman Kumar S/O Anil Kumar R/O Vill.- Sarsa, P.S.- Dhanauti O.P., Dist.-
Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Priya Raj
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
18.08.2025 passed by the learned Additional District and
Sessions Judge-I-cum-Special Court, Siwan in ABP No. 2289 of
2025 arising out of SC/ST Siwan Case No. 57 of 2025
registered for the offence under Sections 115(2), 126(2), 117(2),
303(2), 352, 351(2), 3(5) of the BNS and under Section 3(1)(r)
(s), 3(2)(va) of the SC/ST Act.
3. As per the prosecution case, the appellants are said
to have stopped the informant from entering into the temple and
Patna High Court CR. APP (SJ) No.3913 of 2025(5) dt.12-03-2026
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have also assaulted them and have abused them by taking caste
name.
4. From the reading of the FIR, it appears that
offences, as alleged, are made out against the appellants and
therefore this appeal is held to be not maintainable.
5. Accordingly, this appeal stands dismissed.
6. The appellants are directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
Vikas/-
U
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