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Patna High Court

Heera YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appeal, set aside the lower court’s refusal, and granted bail to the appellant with specified conditions.

Summary

The appellant, Heera Yadav, appealed to the Patna High Court against the refusal of regular bail by the Additional District & Sessions Judge in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was accused of assaulting an informant with a lathi, causing injuries, but claimed the FIR was fabricated and that the assault did not target a vital part of the body. The prosecution opposed bail, noting the appellant’s involvement in two other pending cases and arguing that the alleged offences warranted denial of bail. The High Court examined the facts, the appellant’s provisional bail history, and the conditions under the SC/ST Act, and concluded that bail could be granted with strict conditions. Consequently, the court set aside the lower court’s order, granted bail on a bond of Rs.10,000 with two sureties, and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether the appellant is entitled to regular bail under Section 14(A)(ii) of the SC/ST Act despite the nature of the alleged offences.
  • Whether the appellant’s pending criminal cases justify denial of bail.
  • Whether the conditions imposed by the court are sufficient to safeguard the trial process under the SC/ST Act.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • assault
  • provisional bail
  • criminal antecedent
  • appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4487 of 2025
                         Arising Out of PS. Case No.-32 Year-2025 Thana- SC/ST District- Saharsa
                 ======================================================
                 Heera Yadav Son of Premlal Yadav @ Parama Yadav Resident of Village -
                 Sisauna, Police Station - Mahishi, District - Saharsa.

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Kamal Sada Son of Mangal Sada Resident of Village - Bihana, Ward No.-
                 10, P.S.- Mahishi, District - Saharsa.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Dhaneshwar Prasad Gupta, Advocate
                 For the Resp. No. 2      :        Mr. Suraj Kumar, Advocate
                 For the State            :        Mr. Binay Krishna, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-04-2026                         Heard Mr. Dhaneshwar Prasad Gupta, learned

                   counsel appearing for the appellant, Mr. Suraj Kumar, learned

                   counsel appearing on behalf of the Respondent No. 2 and Mr.

                   Binay Krishna, learned Special Public Prosecutor for the State.

                                   2. This is an appeal under Sections 14(A)(ii) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act (hereinafter referred to as the “SC/ST Act”)

                   against the refusal of prayer for regular bail vide order dated

                   27.09.2025 passed by the learned Additional District & Sessions

                   Judge-I-cum-Special Judge SC/ST Act, Saharsa in connection

                   with Saharsa SC/ST Act P.S. Case No. 32 of 2025, F.I.R. dated

                   29.06.2025 registered under Sections 126(2), 115(2), 117(2),
Patna High Court CR. APP (SJ) No.4487 of 2025(3) dt.01-04-2026
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          109, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023 and Sections

          3(i)(r)(s)/3(2)(v) of the SC/ST Act.

                       3. Allegation against the appellant is that he has

          assaulted on the head of the informant by means of lathi due to

          which he sustained injury.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and he has been falsely implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offence as alleged in the F.I.R. As per allegation

          in the F.I.R., the appellant has assaulted on the head of the

          informant by means of lathi but he has sustained injury on his

          hand and the hand of the informant was fractured. Learned

          counsel for the appellant submits that from perusal of the F.I.R.

          it appears that due to some petty dispute the present occurrence

          had taken place and there was no intention to kill anyone.

          Although the informant has received two injuries, one injury is

          simple in nature and another injury is on hand of the informant

          which is grievous in nature but the same is not on the vital part

          of the body of the informant. Learned counsel for the appellant

          further submits that the appellant has been granted provisional

          bail on 18.12.2025 till 06.01.2026 and the appellant has
Patna High Court CR. APP (SJ) No.4487 of 2025(3) dt.01-04-2026
                                             3/4




          surrendered before the learned court below and initially he was

          in custody since 19.07.2025.

                       5. Learned Special Public Prosecutor for the State as

          well as learned counsel appearing on behalf of the Informant

          have vehemently opposed the prayer for bail of the appellant

          and submits that the appellant carries two more cases other than

          the present one but fairly submits on the basis of paragraph-3 of

          the bail petition that the appellant is on bail in one case and the

          other case is pending for consideration before the competent

          court of law.

                       6. Considering the facts and circumstances of the

          case, let the appellant, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional District & Sessions Judge-I- cum Special Judge

          SC/ST Act, Saharsa in connection with Saharsa SC/ST Act P.S.

          Case No. 32 of 2025, with the following conditions :-

                       (1) Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
           Patna High Court CR. APP (SJ) No.4487 of 2025(3) dt.01-04-2026
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                                  (2) If the appellant tampers with the evidence or the

                     witness, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (3) And, further condition that the court below shall

                     verify the criminal antecedent of the appellant and in case at any

                     stage, it is found that the appellant has concealed his criminal

                     antecedent, the court below shall take step for cancellation of

                     bail bond of the appellant. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.

                                    7. Accordingly, the impugned order is set aside and

                     this appeal stands allowed.



                                                                    (Rajesh Kumar Verma, J)
Ibrar//-

U


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