Patna High Court
Akshay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The appellate court set aside the order refusing anticipatory bail and granted bail to the appellant subject to conditions under Section 438(2) CrPC.
Summary
Akshay Yadav was charged under several provisions of the Bihar N.S. Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly making caste‑based remarks and assaulting an informant during a land dispute. He applied for anticipatory bail under Section 438 of the CrPC, which was denied by the District & Additional Sessions Judge. On appeal, the Patna High Court observed that the FIR contained only a general, omnibus allegation with no specific charge against the appellant, no material was recovered from his possession, and there were no independent witnesses. Considering his clean antecedent, the court held that the allegations did not satisfy the threshold for an offence under the SC/ST Act. Consequently, the High Court set aside the lower court’s order and granted anticipatory bail subject to standard conditions, allowing the appeal.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 CrPC in view of the allegations under the SC/ST Act and the Bihar N.S. Act, 2023.
- Whether the FIR’s general and omnibus allegations constitute a cognizable offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the absence of specific allegations, material, and independent witnesses justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- anticipatory bail
- Scheduled Castes and Scheduled Tribes Act
- caste violence
- bail jurisprudence
- criminal procedure
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4204 of 2025
Arising Out of PS. Case No.-42 Year-2025 Thana- SIMRA District- Aurangabad
======================================================
Akshay Yadav S/o Ramjanam Yadav R/o Village - Hajari, P.S - Simra, District
- Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Upendra Kumar Rajak S/o Late Viku Rajak R/o Village - Hajari, P.S - Simra,
District - Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ashok Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
For the Informant : Mr. Rahul Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant, learned
counsel for the informant and learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
18.09.2025 passed by the learned Court of District & Additional
Sessions Judge-1st-Cum-Special Judge (SC/ST, NDPS &
Children Act), Aurangabad, Bihar in connection with Simra P.S.
Case No.42 of 2025 registered under Sections 126(2), 115(2),
352, 351(2) and 3(5) of BNS, 2023 and Sections 3(1)(r), 3(1)(s)
and 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.
3. The case of the prosecution, in brief, is that the
informant was returning from his field after doing his
Patna High Court CR. APP (SJ) No.4204 of 2025(3) dt.23-02-2026
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agricultural work when in the way, the appellant along with
accused persons made caste remarks against him. It is further
alleged that the appellant along with accused persons threatened
and attacked the informant by lathi, danda and khanti due to
which informant sustained injuries.
4. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and has been falsely
implicated in the present case. It is next submitted that appellant
was not caught at the place of occurrence nor any incriminating
material was recovered either from the possession or from the
house of the appellant. It is further submitted that the allegations
are general and omnibus in nature. It is also submitted that the
occurrence has not been committed in public view, hence no
offence under SC/ST act is made out.
5. Learned Special Public Prosecutor for the State and
learned counsel for the informant have vehemently opposed the
prayer for bail of the appellant based upon the allegation made
in the F.I.R.
6. From the reading of the allegation leveled in the
FIR, it appears that there is a general and omnibus allegation
against the accused persons including the appellant. No specific
allegation has been alleged against the appellant of hurling
Patna High Court CR. APP (SJ) No.4204 of 2025(3) dt.23-02-2026
3/3
abuses on caste lines and also considering the fact that the
genesis of the occurrence is a land dispute and there is no
independent witness to the alleged occurrence, besides the fair
antecedent of the appellant, let the appellant, above named, in
the event of his arrest to surrender before the Court below
within a period of thirty days from the date of receipt of the
order, be released on anticipatory bail on furnishing each of
them bail bond of Rs. 10,000/- (Ten thousand) with two sureties
of the like amount each to the satisfaction of learned Court of
District & Additional Sessions Judge-1st-Cum-Special Judge
(SC/ST, NDPS & Children Act), Aurangabad, Bihar in
connection with Simra P.S. Case No.42 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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