Patna High Court
MANTU YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The order rejecting anticipatory bail is set aside; the appellant is entitled to bail upon surrender within eight weeks with a bond of Rs.10,000 and two sureties.
Summary
The appellant, Mantu Yadav, was charged under Sections 304 and 34 of the Indian Penal Code and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly abusing an informant by caste name and erecting an electric wire that caused the death of the informant's son and nephew. The appellant contended that he was falsely implicated due to a pre‑existing land dispute, maintained his innocence, and had a clean antecedent. The Special Judge had rejected his anticipatory bail application. On appeal, the Patna High Court considered the nature of the accusation, the appellant's clean record, and the circumstances of the incident, and ordered that bail be granted if the appellant surrenders within eight weeks, furnishing a bail bond of Rs.10,000 with two sureties. Consequently, the High Court set aside the lower court’s order rejecting bail, granting the appellant bail on the stipulated conditions.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Sections 304/34 of the IPC and Section 3(1)(r)(s) of the SC/ST Act.
- Whether the facts alleged constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant's clean antecedent and the nature of the accusation justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 304, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- IPC 304
- IPC 34
- SC/ST Act
- caste violence
- bail conditions
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4443 of 2023
Arising Out of PS. Case No.-558 Year-2021 Thana- BARACHATTI District- Gaya
======================================================
Mantu Yadav Son Of Sri Hoolas Yadav Resident Of Village - Bandegarh, P.S.
- Mohanpur, District - Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Krishna Mandal Son Of Dewan Mandal Resident Of Village - Bandegarh,
P.S. - Mohanpur, District - Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satya Veer, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 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
17.07.2023 passed by learned Exclusive Special Judge, SC/ST
Special Court, Gaya in ABP No. 231 of 2023 arising out of
Barachatti (Mohanpur) P.S. Case No. 558 of 2021 registered
under Sections 304/34 of the Indian Penal Code and Section
3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
appellant has been rejected.
4. It is alleged that this appellant along with other
Patna High Court CR. APP (SJ) No.4443 of 2023(5) dt.19-03-2026
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F.I.R. named accused persons abused informant by caste name
and erected electric wire in the field as a result of which, son
and nephew of the informant died due to electrocution.
5. Learned counsel for the appellant submits that
appellant is innocent and has committed no offence. As a matter
of fact, appellant has falsely been implicated in this case due to
pre-existing land dispute. Death of the son and nephew of
informant was accidental and appellant has got no concern with
alleged offence. It is not the case of informant that alleged
incident occurred within public view and as such, no case under
SC/ST Act is made out against the appellant. Appellant claims
clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation 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 Special Judge, SC/ST Special
Court, Gaya in ABP No. 231 of 2023 arising out of Barachatti
(Mohanpur) P.S. Case No. 558 of 2021.
Patna High Court CR. APP (SJ) No.4443 of 2023(5) dt.19-03-2026
3/3
8. Accordingly, this criminal appeal is allowed and
impugned order dated 17.07.2023 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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