Patna High Court
J.P Yadav @ VishalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellants, J.P. Yadav and Chunnu Yadav, were charged under several sections of the Indian Penal Code and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and attempting to snatch a chain during a dispute at Chatar crossing. They applied for anticipatory bail, which was rejected by the 1st Additional Sessions Judge‑cum‑Special Judge (SC/ST) Act, Jehanabad. On appeal, the appellants contended that the allegations were false, that only one of the injured persons (Ravi) belonged to a Scheduled Caste and therefore the SC/ST Act could not be invoked, and that they would cooperate with the investigation if released. The Special Public Prosecutor and the informant’s counsel could not refute these points. The Patna High Court set aside the lower court’s order, allowed the appeal, and directed that the appellants be released on bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the CrPC. The decision rests on the lack of sufficient basis to invoke the SC/ST Act and the merits of granting anticipatory bail.
Issues considered
- Whether the allegations against the appellants attract liability under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail should be granted in a case involving offences under the IPC and the SC/ST Act.
- Whether the lower court erred in rejecting the anticipatory bail application.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- assault
- chain snatching
- bail conditions
- scheduled caste
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4098 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
1. J.P Yadav @ Vishal S/O Sadhu Sharan Singh @ Sadhu Sharan Yadav @
Sadhu Yadav Village- Chatar, PS- Makhdumpur, Dist- Jehanabad.
2. Chunnu Yadav @ Vivek Kumar @ Vivek Kumar Ranjan S/O Sadhu Sharan
Singh @ Sadhu Sharan Yadav @ Sadhu Yadav Village- Chatar, PS-
Makhdumpur, Dist- Jehanabad.
... ... Appellant/s
Versus
1. The State of Bihar
2. Manish Raj S/O Indradeo Singh R/O Vill.- Mussi, P.S- Makhdumpur, Dist-
Jehanabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Umesh Kumar
Mr. Abhishek Anand
Mr. Shubhankar Raj
Mr/s. Amartya Raj
For the Respondent/s : Ms. Usha Kumari 1- Spl.P.P.
Mr. Ashok Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 24-06-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
04.09.2025 passed by the learned 1st Additional Sessions Judge-
cum-Special Judge (SC/ST) Act, Jehanabad in connection with
A.B.P. No. 1097 of 2024 arising out of Mukhdumpur P.S. Case
No. 131 of 2025 instituted for the offences under Sections
191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1) and 303(2)
Patna High Court CR. APP (SJ) No.4098 of 2025(4) dt.24-06-2026
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of the B.N.S and Section 3(2)(va) and Sections 3(i)(r)(s) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, 1989, whereby their prayer for grant of anticipatory bail
has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that appellants have antecedent of one case
and the informant alleges that he along with Abhishek and Vijay
were going to village Dhanki to attend a Tilak ceremony of the
son of Ram Uday Singh. Further, when they reached near Chatar
crossing at 9:15 PM, appellants in a drunken condition stopped
their car, thereafter dragged all three outside the car and tried to
snatch their chain, when Vikash and Ravi Rajak who were
returning from Tilak ceremony reached the place of occurrence
and tried to pacify the issue, when nine named accused persons
came and started assaulting by lathi. Further, Rajrup assaulted
informant by lathi causing injury on hand and accused persons
also assaulted Abhishek, Vikash and Dipak causing injury on
head. Further, Vikash received injury on both hands and jaw
while Dipak suffered injury on head and left hand and Ravi
suffered injury on his shoulder while Rahul snatched chain of
Dipak who had also reached at the place of occurrence while
returning from Tilak ceremony.
Patna High Court CR. APP (SJ) No.4098 of 2025(4) dt.24-06-2026
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4. The learned counsel appearing on behalf of the
appellants submits that appellants have been falsely implicated
in the instant case by the informant. It is next submitted that
from perusal of the allegations as alleged in the FIR, it would
manifest that informant alleges that while he along with two
others were going to attend the Tilak ceremony when they were
intercepted by the appellants near Chatar crossing and tried to
snatch their chain. It is submitted that Ravi Rajak was not
present in the car. It is next submitted that thereafter, it is alleged
that Vikash and Ravi came from the side of the informant and
nine named accused persons from the side of the appellants also
came and then a fight ensued leading to injury. It is next
submitted that Ravi and informant suffered grievous injury but
then specific allegation of assaulting informant is against Rajrup
and as far as allegation of assault against Ravi is alleged, the
same is general and omnibus in nature. It is also submitted that
informant and other injured do not belong to the Scheduled
Caste Category, but then Ravi belongs to Scheduled Caste
Category. It is thus submitted that it cannot be alleged that the
appellants assaulted the side of the informant on the ground that
they belong to SC/ST category. It is reiterated and submitted
that allegation of assault and abuse is not alleged against the
Patna High Court CR. APP (SJ) No.4098 of 2025(4) dt.24-06-2026
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appellants. It is further submitted that if privilege of anticipatory
bail is granted, the appellants will not abscond rather will
cooperate in the investigation to prove their innocence.
5. The learned Special P.P. and the learned counsel
appearing on behalf of informant opposes the anticipatory bail
application but then are not in a position to rebut the submission
of the learned counsel appearing on behalf of the appellants that
informant and other injured except Ravi do not belong to
Scheduled Caste category and as such, it cannot be alleged that
the occurrence took place on the ground that injured belong to
the Scheduled Caste Category.
6. Regard being had to the aforesaid submissions, the
order dated 04.09.2025 is set-aside.
7. The appeal stands allowed.
8. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned 1 st Additional Sessions Judge-cum-
Special Judge (SC/ST) Act, Jehanabad in connection with A.B.P.
No. 1097 of 2024 arising out of Mukhdumpur P.S. Case No. 131
Patna High Court CR. APP (SJ) No.4098 of 2025(4) dt.24-06-2026
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of 2025, subject to the conditions laid down under Section
482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
U T
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