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Patna High Court

Raj Kumar Yadav @ Raj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appeal, set aside the refusal of anticipatory bail, and granted anticipatory bail to the appellant subject to standard conditions.

Summary

The appellant, Raj Kumar Yadav, was charged under several sections of the Bihar Negotiable and Settlement Code, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant by dragging him with a towel around the neck. The trial court refused anticipatory bail, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellant argued that he has a clean antecedent, the alleged injury was not on the neck, and the accusations were vague and omnibus. The State could not refute the claim that no neck injury occurred and conceded the allegations were not specific. The High Court held that, given the lack of concrete evidence of a grievous neck injury and the appellant’s clean record, anticipatory bail should be granted, setting aside the lower court’s order and imposing standard bail conditions. Consequently, the appeal was allowed and the appellant was released on anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted under the SC/ST Act when the allegations are general and not specific.
  • Whether the absence of a documented neck injury precludes the application of the stringent provisions of the SC/ST Act.
  • Whether the appellant’s clean antecedent warrants the grant of anticipatory bail despite the serious nature of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste-based assault
  • general allegations
  • clean antecedent
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3958 of 2025
                      Arising Out of PS. Case No.-88 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Raj Kumar Yadav @ Raj Kumar Son of Late Ishwar Dayal Yadav R/o Village
                 -Khaire Itwa PS -Kasma Distt -Aurangabad

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Raushan Kumar Son of Rajesh Paswan R/o Village -Khaire Itwa PS -Kasma
                 Distt -Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Singh
                 For the Respondent/s    :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   18-04-2026                 1. Heard learned counsel for the appellant, learned

                   Spl. P.P. for the State, Mr. Binay Krishna and the learned

                   counsel appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 04.09.2025 in A.B.P. No. 2033 of 2025 passed by

                   the learned 1st District and Additional Sessions Judge-cum-

                   Special Judge S.C./S.T. (POA) Act, Children & NDPS Act,

                   Aurangabad in connection with Kasma P.S. Case No. 88 of 2025

                   registered for the offences punishable under Sections 126(2),
Patna High Court CR. APP (SJ) No.3958 of 2025(3) dt.18-04-2026
                                             2/4




          115(2), 118(2), 109(2), 352, 351(2), 351(3) and 3(5) of the BNS,

          2023 Code as well as Sections 3(1)(r), 3(1)(s) and 3(2)(va) of

          the SC/ST Act.

                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that on 15.06.2025 at about 01:00 PM he had gone to

          attend nature’s call, when nine accused persons including the

          appellant along with five unknown accused, intercepted him and

          started abusing him by taking caste name, on objection the

          accused assaulted him, further Umesh and Rajkumar dragged

          him by a towel wrapped around his neck and he became

          unconscious and when he regained consciousness, he found

          himself in a hospital, when his father and villagers came. It is

          next alleged that he is not able to drink water.

                       4. Learned counsel for the appellant submits that

          Surendra Yadav had moved before this court seeking

          anticipatory bail by filing Cr. Appeal (SJ) No.3967 of 2025 and

          the same came to be allowed by an order dated 02.04.2026. It is

          next submitted that though the case of the appellant is not

          similar to the case of Surendra Yadav and the only difference is

          that appellant along with Umesh are alleged to have dragged the

          informant by wrapping towel around his neck but then it is
Patna High Court CR. APP (SJ) No.3958 of 2025(3) dt.18-04-2026
                                             3/4




          submitted that informant suffered only one injury which has

          been opined to be grievous and the said injury is not on neck. It

          is further submitted that as far as allegation of abuse is

          concerned, the same is general and omnibus in nature and it

          does not appear probable that all 14 accused in one-go would

          have abused the informant by taking caste name. It is also

          submitted that allegation of assault is also not specific when the

          SC/ST Act is a stringent Act.

                       5. Learned Special P.P. and the learned counsel

          appearing on behalf of the informant opposes the appeal but

          then is not in a position to rebut the submission of the learned

          counsel appearing on behalf of the appellant that informant did

          not suffer any injury on neck. At this stage, learned counsel

          appearing on behalf of the appellant reiterates and submits that

          SC/ST Act is a stringent Act and based on general and omnibus

          allegation, the Court should not in a mechanical manner send an

          accused to jail, when appellant is a person with clean

          antecedent.

                       6. In view of the submissions made by the learned

          counsel for the appellant, the order dated 04.09.2025 in A.B.P.

          No. 2033 of 2025 passed by the learned 1st District and

          Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA)
             Patna High Court CR. APP (SJ) No.3958 of 2025(3) dt.18-04-2026
                                                          4/4




                       Act, Children & NDPS Act, Aurangabad in connection with

                       Kasma P.S. Case No. 88 of 2025, is hereby set aside and the

                       appellant abovenamed, in the event of his arrest or surrender

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

                       Five Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with Kasma P.S. Case

                       No. 88 of 2025 subject to the conditions as laid down under

                       Section 482 (2) of the BNSS.

                                    7. Accordingly, the appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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