Patna High Court
Lalbabu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, granting bail subject to conditions under Section 438(2) Cr.P.C.
Summary
The appellant, Lalbabu Yadav, was accused of assaulting an informant and his relatives over a land dispute, with allegations of caste-based abuse under the SC/ST Act. The prosecution alleged that the appellant and co‑accused attacked the informant with iron rods and a sickle, causing serious injuries. The appellant pleaded innocence, claiming a clean antecedent and that the alleged caste abuse did not occur in a public place, seeking anticipatory bail under Section 438 of the Cr.P.C. The Special Public Prosecutor and the respondent opposed bail, arguing the appellant was obstructing the informant's possession of the land. The High Court, after considering the facts and the appellant's clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and set aside the lower court’s order denying bail.
Issues considered
- Whether anticipatory bail can be granted to the appellant under Section 438 Cr.P.C. in a case involving offences under the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged caste‑based abuse occurred in a public place, thereby attracting the rigours of the SC/ST Act.
- Whether the appellant's clean antecedent and the nature of the offences justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 323, 324, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- land dispute
- assault
- caste violence
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4089 of 2024
Arising Out of PS. Case No.-52 Year-2024 Thana- SAHODARA District- West Champaran
======================================================
Lalbabu Yadav S/O Gumraj Yadav Resident of Village- Chamua, P.S-
Shikarpur, District- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Jay Krishn Kumar S/O Sri Prem Mahto R/O Village- Parsanda, Ward No. 11,
P.S- Sahodara, Distt.- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Verma, Advocate
For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P.
For the Informant : Mr. Sanjeev Kumar, Advocate
Mr. Hari Om, Advocate
Mr. Sitesh Kashyap, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 12-02-2026 Heard learned counsel for the appellant, learned
counsel for the respondent no.2 and learned Special Public
Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
12.08.2024 passed by learned 1st Additional Sessions Judge-
cum-Special Judge, SC/ST Act, Bettiah, West Champaran in
A.B.P. No. 1698 of 2024 arising out of Sahodara P.S. Case No.
52 of 2024 dated 02.06.2024 registered under Sections 147, 148,
149, 341, 323, 324, 504 and 506 of the Indian Penal Code and
Patna High Court CR. APP (SJ) No.4089 of 2024(4) dt.12-02-2026
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Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby the prayer for
grant of anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant
alleged that on 26.05.2024, when he was working on his land
then the appellant along with other co-accused persons came
and started abusing and said that this is his land and directed not
to work there. On being opposed, all the accused persons
assaulted the informant, the co-accused caught him from behind
and the appellant assaulted on his head by means of iron rod
with intention to kill due to which he sustained head injury.
When the informant’s uncle came to save him, the co-accused
Mohan Yadav caught him and co-accused Sohan Yadav
assaulted on his head with an iron rod due to which he also
sustained head injury and co-accused Nagendra Kushwaha
assaulted on his chest by means of sickle as a result of which he
sustained injury. The appellant threatened to leave the land
otherwise he would kill him. On hulla, when the villagers
gathered, all the accused persons fled away. Thereafter, the
inured persons were taken to hospital for treatment.
4. Learned counsel appearing for the appellant
submits that the appellant, who bears clean antecedent, is
Patna High Court CR. APP (SJ) No.4089 of 2024(4) dt.12-02-2026
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innocent and has not committed the offence alleged. As regards
the allegation of abuse with the caste name attracting the rigours
of SC & ST Act is concerned, learned counsel for the appellant
submits that in the backdrop of serious land dispute, the
appellant has been falsely implicated in this case. He further
submits that the offences of Indian Penal Code are bailable and
with regard to offences under the SC/ST Act, the same is not
made out as the same was not made in a public place within a
public view. Hence, the impugned order may be set aside and
the appellant may be granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
as well as learned counsel for the respondent No.2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellant and has stated that the appellant is creating
hindrance in his possession over the land in question.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent, let the above named appellants let the above named
appellant, in the event of his arrest/surrender within a period of
six weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned 1st Additional Sessions
Patna High Court CR. APP (SJ) No.4089 of 2024(4) dt.12-02-2026
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Judge-cum-Special Judge, SC/ST Act, Bettiah, West Champaran
in connection with Sahodara P.S. Case No. 52 of 2024 subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
7. Accordingly, the appeal is allowed and the
impugned order dated 12.08.2024 rejecting the prayer for grant
of anticipatory bail to the appellant is set aside.
(Praveen Kumar, J)
shivam/-
U T
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