Patna High Court
Heera YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(2)(v), 3(i)(r)(s)
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),
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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
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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.
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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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