Patna High Court
Raj Kumar Yadav @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(va)
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
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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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