Patna High Court
RAVISHANKAR YADAV @ JAY SHANKAR KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The appeal is allowed and the order denying anticipatory bail is set aside, with bail granted to the appellants.
Summary
The appellants, a group of Yadavs, were charged under the SC & ST (Prevention of Atrocities) Act, 1989 for allegedly abusing a customer of a grocery shop on caste grounds and for assaulting him in public. The lower court denied their anticipatory bail application, holding that the allegations attracted the provisions of the Act. On appeal, the counsel for the appellants argued that the incident was a commercial dispute over unpaid money and that the caste‑based abuse allegation was false. The High Court examined the facts, noted the injuries were simple and the informant was a regular customer, and concluded that the evidence did not justify denial of bail. Consequently, the Court set aside the order of the lower court and granted anticipatory bail to the appellants subject to a bond and sureties.
Issues considered
- Whether the allegations against the appellants constitute an offence punishable under the SC & ST (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail should be granted under Section 14-A(2) of the SC & ST Act in the present circumstances.
- Whether the lower court erred in rejecting the bail application on the basis of the alleged caste‑based abuse.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 117(1), 126(2), 191(2), 191(3), 351, 352
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- bail jurisprudence
- false complaint
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4444 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- SC/ST District- Sheikhpura
======================================================
1. RAVISHANKAR YADAV @ JAY SHANKAR KUMAR S/o- Chhotan
Yadav Resident of Village- Ambari Police Station- Shekhopur Sarai District-
Sheikhpura
2. Kartik Yadav @ Kartik Kumar S/o- Ganesh Yadav @ Ayoudhya Yadav
Resident of Village- Ambari Police Station- Shekhopur Sarai District-
Sheikhpura
3. Bundi Yadav S/o- Late Wale Yadav @ Baleshwar Yadav Resident of Village-
Ambari Police Station- Shekhopur Sarai District- Sheikhpura
4. Rohan Yadav @ Naresh Yadav S/o- Kameshwar Yadav Resident of Village-
Ambari Police Station- Shekhopur Sarai District- Sheikhpura
5. Bineshwar Yadav @ Bindeshwar Yadav S/o- Late Ramswarupe Yadav @
Ramswarup Yadav Resident of Village- Ambari Police Station- Shekhopur
Sarai District- Sheikhpura
6. Jagdish Yadav @ Jagadish Yadav S/o- Bale Yadav Resident of Village-
Ambari Police Station- Shekhopur Sarai District- Sheikhpura
7. Manoj Yadav S/o- Late Jugo Yadav @ Yogeshwar Yadav Resident of
Village- Ambari Police Station- Shekhopur Sarai District- Sheikhpura
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Kundan Kumar S/o- Ravindra Ravidas R/v- Ambari Ps- Shekhopur Sarai
Dist- Sheikhpura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Nilendu Kumar Choudhary
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the appellant.
2. This appeal has been preferred on behalf of the
appellants under Section 14-A (2) of the SC & ST (Prevention
of Atrocities) Act, 1989, for setting aside the order dated
13.10.2025, passed by the learned District and Additional
Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura,
in connection with (Sheikhpura) SC/ST P.S.Case No. 24 of
2025, registered for the offences punishable under Sections
Patna High Court CR. APP (SJ) No.4444 of 2025(3) dt.24-02-2026
2/3
126(2), 115(2), 117(1), 352, 351, 191(2) and 191(3) of the BNS
and Sections 3(1)(r)(s)/3(2)(va) of the SC ST Act, whereby the
prayer for anticipatory bail of the appellants has been rejected.
3. The learned counsel for the appellants has
submitted that the appellants are innocent and have falsely been
implicated. The injuries are simple in nature he has submitted
further that it is an admitted fact that appellant no.2 Kartik
Yadav runs a grocery shop and the informant is his customer.
The informant, according to the allegation, went to the shop of
the appellant no.2 and the appellant no.2 prohibited the
informant from entering into the shop. Then the appellant no.2
abused him by calling his caste name. It is also submitted that it
is not believable that a shopkeeper might have abused his usual
customer. As a matter of fact, according to submission of the
learned counsel for the appellants, some money was due to be
paid by the informant and when the money was demanded by
appellant no.2, this false case was filed.
4. On the other hand, the learned counsel for the
informant opposed the prayer for bail by submitting that the
accused persons assaulted and humiliated the informant in full
public view, as sch the provisions of the SC/ST Act are
attracted in the present case.
Patna High Court CR. APP (SJ) No.4444 of 2025(3) dt.24-02-2026
3/3
5. Admittedly, the informant is the customer of the
appellant no.2, so it is not believable that appellant no.2 will
prohibit his customer to come to his shop. The injuries are
simple in nature.
6. Considering the facts and circumstances, the appeal
is allowed and the impugned order the order dated 13.10.2025
is set aside.
7. Accordingly, in the event of arrest or surrender
within four weeks from today, the appellants, above-named shall
be released on anticipatory bail on furnishing bail bond of Rs.
10,000/-(ten thousand) with two sureties of the like amount each
to the satisfaction of the learned District and Additional
Sessions Judge-1st-cum-Special Judge, SC/ST Act, Sheikhpura,
in connection with (Sheikhpura) SC/ST P.S.Case No. 24 of
2025.
(Nawneet Kumar Pandey, J)
HR/-
U T
Checking your session…