Patna High Court
Mohan Yadav @ Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court allowed the appeal, set aside the order rejecting anticipatory bail, and granted bail to the appellant subject to conditions.
Summary
Mohan Yadav was charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for alleged assault, theft of jewellery and caste-based abuse. The prosecution’s case identified co‑accused Chandan Kumar and Rahul Yadav as the perpetrators, with no specific overt act attributed to Yadav. The FIR was lodged 22 days after the incident, raising doubts about its veracity, and Yadav claimed a clean antecedent. The Special Judge rejected his anticipatory bail application, prompting an appeal. The Patna High Court, noting the lack of direct allegation, the delay in filing the FIR and Yadav’s clean record, granted conditional bail and set aside the lower court’s order for the appellant alone.
Issues considered
- What is the appropriate exercise of discretion by the Special Judge in refusing anticipatory bail when the appellant is not specifically alleged to have committed the offence?
- Does the delay of 22 days in lodging the FIR affect the validity of the charge and the grant of anticipatory bail?
- Should the appellant’s clean antecedent and the nature of the allegations under the SC/ST Act influence the bail decision?
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- theft
- caste discrimination
- delay in FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4192 of 2024
Arising Out of PS. Case No.-398 Year-2023 Thana- ATRI District- Gaya
======================================================
Mohan Yadav @ Mohan Kumar Son of Pravin Yadav village- Naudiha Ps-
Atri Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Suman Kumar Son of Brijnandan Paswan Village- Tham Pathri Ps- Atri
Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Syed Asgher Najmi, Ms. Wajeeha Jaferi,
Mr. Ashutosh Kumar Mishra,
Ms. Neha Kumari Advocates
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
13.05.2024 passed by learned Exclusive Special Judge, SC/ST
Gaya in ABP No. 148 of 2024 arising out of Atri P.S. Case No.
398 of 2023 registered under Sections 341, 323, 379, 504,
506/34 of the Indian Penal Code and Section 3(1)(r)(s), 3(2)(va)
of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
Patna High Court CR. APP (SJ) No.4192 of 2024(4) dt.02-04-2026
2/3
4. As per prosecution case, co-accused Chandan
Kumar and Rahul Yadav assaulted one Ram Khelawan Paswan
with rod and abused him by caste name. It is further alleged that
the F.I.R. named accused persons entered the house of informant
and snatched gold Mangalsutra from the neck of his wife.
5. Learned counsel for the appellant submits that
specific accusation of assault is against co-accused Chandan
Kumar and Rahul Yadav and there is no allegation of any
specific overt act against the appellant. Appellant is not alleged
to have abused informant by caste name as such, no case under
SC/ST Act is made out against him. F.I.R. has been lodged after
inordinate delay of about 22 days which itself raises doubt over
veracity of the prosecution case. Appellant claims clean
antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedent, let the appellant, as
named above, in the event of his arrest/surrender within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Patna High Court CR. APP (SJ) No.4192 of 2024(4) dt.02-04-2026
3/3
Special Judge, SC/ST Gaya in ABP No. 148 of 2024 arising out
of Atri P.S. Case No. 398 of 2023.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 13.05.2024 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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