Patna High Court
Jitendra Yadav @ Jitendra KumarversusThe state of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail application is maintainable and the order rejecting it is set aside.
Summary
The appellants, Jitendra Yadav and Chhotu Yadav, were charged under several sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act for allegedly arriving armed, threatening, and stealing a gold chain from the informant, Belyanti Devi, with caste‑based abuse captured on CCTV. The Special Judge had rejected their anticipatory bail application. The appellants contended that they were falsely implicated due to political differences and that the FIR did not disclose an offence against a member of the SC/ST community, rendering the SC/ST Act inapplicable. The High Court examined the FIR and concluded that the case appeared to be a malafide prosecution and that no specific SC/ST offence was established. Consequently, the Court allowed the appeal, set aside the Special Judge’s order, and directed that the appellants be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under CrPC and the BNSS. The decision underscores the requirement of a clear SC/ST basis for invoking the SC/ST Act and the discretion to grant anticipatory bail in cases of alleged false prosecution.
Issues considered
- Whether the anticipatory bail application filed by the appellants under the SC/ST (POA) Act should be granted.
- Whether the FIR discloses an offence committed against a member of the SC/ST community, thereby attracting the provisions of the SC/ST (POA) Act.
- Whether the prosecution is malafide and the charges constitute a false prosecution.
Legislation cited
- BNS — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- SC/ST Act
- malafide prosecution
- caste‑based violence
- political motive
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.418 of 2026
Arising Out of PS. Case No.-749 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Jitendra Yadav @ Jitendra Kumar S/O Sri Nand Kishore Yadav @ Kishori
Singh @ Prabhu Yadv @ Kishori Yadav @ Prabhu Yadav Resident of
Village- Hariharpur, PS- Bodhgaya, District- Gaya ji
2. Chhotu Yadav @ Sandeep Kumar @ Chhotu Kumar @ Kumar Sandeep S/O
Sri Nand Kishore Yadav @ Kishori Singh @ Prabhu Yadv @ Kishori Yadav
@ Prabhu Yadav Resident of Village- Hariharpur, PS- Bodhgaya, District-
Gaya ji
... ... Appellant/s
Versus
1. The state of Bihar The Advocate General Patna High court
2. Smt. Belyanti Devi @ Belmanti Devi W/O Pundev Paswan Resident of
Village- Hariharpur, PS- Bodhgaya, District- Gaya ji, (Former President
Bodhgaya)
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjeet Choubey, Advocate
For the State : Mr.Binay Krishna, Spl P.P.
For the Informant : Mr. Ajay Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
16.12.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Gayaji in connection with Bodhgaya P.S. Case No.
749 of 2025 registered for the offence under Sections 115(2),
126(2), 351(2), 352, 303(2), 3(5) of the BNS and under sections
3(1)(r)(s), 3(2)(va) of S.C/S.T. (POA) Act by which
anticipatory bail filed by the appellants has been rejected.
3. As per the prosecution case, informant Belyanti
Patna High Court CR. APP (SJ) No.418 of 2026(3) dt.13-03-2026
2/3
Devi reported that appellants and unknown persons arrived
armed with deadly weapons and a loaded revolver, hurled caste-
based abuses, threatened dire consequences, and snatched a gold
chain worth ₹1,50,000 from her son’s neck. The incident was
captured on CCTV.
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as the
informant is the ex-chairman of the Nagar Prashid, Bodh Gaya
and a police case has been filed by her because of political
difference and therefore the application of the anticipatory bail
is maintainable.
5. Learned counsel for the State as learned counsel for
the informant have vehemently opposed the prayer of the
appellants.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears to be a case of malafide prosecution and
therefore, this application for grant of anticipatory bail is held to
be maintainable.
7. Considering the facts of the case and the rival
Patna High Court CR. APP (SJ) No.418 of 2026(3) dt.13-03-2026
3/3
submissions of the parties, this appeal is allowed and
accordingly, the order dated16.12.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Gayaji in connection with
Bodhgaya P.S. Case No. 749 of 2025, is hereby set aside.
8. Let the appellants, in the event of their arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge, SC/ST Act, Gayaji
/concerned Court below in connection with Bodhgaya P.S.
Case No. 749 of 2025, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure/482(2) of the
BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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