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Patna High Court

J.P Yadav @ VishalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             4/5




          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
                                                            5/5




                         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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