Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellant subject to bond and surety conditions.
Summary
The appellant, Surendra Yadav, was charged under several provisions of the Bihar Penal Code, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for allegedly assaulting an informant and using caste slurs. The informant claimed that nine accused, including the appellant, attacked him on 15 June 2025, but the appellant argued that the allegations were vague, that he had a clean record, and that he was falsely implicated. He appealed under Section 14‑A(2) of the SC/ST Act against the lower court’s refusal to grant anticipatory bail. The High Court examined whether the specific allegations against the appellant justified denial of bail and considered the scope of Section 14‑A(2) and Section 482(2) of the criminal procedure. Finding the accusations against the appellant insufficiently specific and noting the possibility of false implication, the Court set aside the lower court’s order and granted anticipatory bail subject to a bond and sureties. Consequently, the appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act despite the serious nature of the allegations.
- Whether the allegations against the appellant are sufficiently specific to warrant denial of bail.
- Whether the lower court’s refusal to grant anticipatory bail was a miscarriage of justice under Section 482(2) of the criminal procedure.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- caste based assault
- Section 14-A
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3967 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- KASMA District- Aurangabad
======================================================
Surendra Yadav son of Thakuri Yadav Resident of Village- Khaire Itwa PS-
Kasma Distt- Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Raushan Kumar son of Rajesh Paswan Resident of Village- Khaire Itwa PS-
Kasma Distt- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
For the Informant : Ms. Leelawati Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 02-04-2026 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 02.09.2025 in A.B.P. No. 2013 of 2025 passed by
the learned 1st 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), 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.
Patna High Court CR. APP (SJ) No.3967 of 2025(6) dt.02-04-2026
2/3
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 when he had gone
to attend call of nature when he was intercepted by nine accused
persons including the appellant along with five unknown
accused, further the accused persons started abusing him by
taking caste name, on objection the accused persons assaulted
him and Umesh and Rajkumar Yadav tried to strangulate him by
a towel, when the villagers started gathering, the accused fled
and the informant was taken to the hospital.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of abuse and assault is general and omnibus in nature.
It is also submitted that it does not appear probable that all
accused in one go would have abused the informant by taking
caste name. It is reiterated and submitted that no specific
allegation is alleged against the appellant. It is also submitted
that though it is alleged that nine accused assaulted him, but
then the informant suffered only one injury which has been
opined to be grievous, which amply demonstrates the falsity of
Patna High Court CR. APP (SJ) No.3967 of 2025(6) dt.02-04-2026
3/3
the allegation that all accused persons assaulted the informant.
5. Learned Spl. P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 02.09.2025 in A.B.P.
No. 2013 of 2025 passed by the learned 1st 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, is hereby set aside and the appellant above-
named, 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)
Rishabh/-
U T
Checking your session…