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Patna High Court

Lalbabu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/4




          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
                                             3/4




          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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