Patna High Court
Raushan Yadav @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed the appeal, set aside the Special Court's order, and granted anticipatory bail to the appellants.
Summary
The appellants were accused of playing obscene songs on a DJ, abusing the informant with caste slurs, tearing her clothes, and assaulting her son on 14 March 2025. The prosecution charged them under multiple provisions of the Bharatiya Nyaya Sanhita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Special Court denied their anticipatory bail application. The appellants contended that the dispute was merely over the DJ, the alleged caste abuse was vague, the injury was minor, and they had clean antecedents, thus no case under the SC/ST Act existed. The High Court, considering the nature of the allegations, the minor injury, and the appellants' clean record, ordered that they be released on bail upon surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties. Consequently, the appeal was allowed and the Special Court's order dated 09‑09‑2025 was set aside for the appellants.
Issues considered
- Whether the allegations of caste‑based abuse and assault constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether anticipatory bail should be granted in view of the nature and severity of the alleged offences.
- Whether the appellants' clean antecedent and the minor nature of the injury justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 324(2), 3/5, 351(2), 352, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- assault
- bail jurisprudence
- criminal procedure
- scheduled castes
- scheduled tribes
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3957 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Rohtas
======================================================
1. Raushan Yadav @ Raushan Kumar son of Baijnath Singh Resident of
Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas
2. Chandan Yadav @ Chandan Kumar Son of Baijnath Singh Resident of
Village- Kaupa PS- Baddi (Shivsagar), District- Rohtas
3. Tufani Singh son of Late Yadunandan Singh Resident of Village- Kaupa PS-
Baddi (Shivsagar), District- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Tetara Devi Wife of shivmurat Ram Resident of Village- Kaupa PS- Baddi
(Shivsagar), District- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Siddharth Harsh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Binod Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-03-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
09.09.2025 passed by learned Special Court SC/ST (POA) Act,
Rohtas at Sasaram in a case arising out of SC/ST P.S. Case No.
17 of 2025 registered under Sections 191(2), 190, 126(2),
115(2), 109, 76, 324(2), 352, 351(2), 3/5 of the Bharatiya Nyaya
Sanhita and section 3(1)(r)(s)(w)(i), 3(2)(va) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for anticipatory bail of appellants has been
Patna High Court CR. APP (SJ) No.3957 of 2025(3) dt.12-03-2026
2/3
rejected.
3. As per the prosecution case, informant, namely,
Tetra Devi alleged that on 14.03.2025 at about 4:30 PM, all the
F.I.R. named accused persons, including these appellants, were
playing obscene songs on D.J. in front of the door of one Savita
devi. Upon protest, accused persons abused informant by caste
name and tore her clothes. When son of informant came to her
rescue, he was also assaulted by the accused persons. It is
further alleged that accused persons also pelted stones at
informant’s side. Appellant no. 3 is alleged to have given lathi
blow to the son of informant.
4. It is submitted on behalf of appellants that quarrel
took place between the parties on the issue of playing DJ.
Allegation of abuse by caste name and assault is general and
omnibus against these appellants. Injury, allegedly, caused by
appellant no. 3 is simple in nature. It is not the case of
informant that any member of public was present at the time of
incident, and as such, no case under SC/ST Act is made out.
Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
Patna High Court CR. APP (SJ) No.3957 of 2025(3) dt.12-03-2026
3/3
6. Considering the nature of accusation, injury and
clean antecedent, 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 Special Court SC/ST
(POA) Act, Rohtas at Sasaram in SC/ST P.S. Case No. 17 of
2025.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 09.09.2025 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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