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Patna High Court

Vikash Kumar @ Vikash YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted anticipatory bail to the appellant, setting aside the Special Judge’s order denying bail.

Summary

Vikash Kumar was charged in an FIR for assaulting an informant with lathi, danda and iron rod, causing injuries and damage to property, and for caste-based abuse, invoking IPC sections 341, 323, 353, 504, 506/34 and SC/ST Act sections 3(1)(r)(s) and 3(2)(va). He applied for anticipatory bail, which the Special Judge, SC/ST, Gaya rejected. The appellant contended he was innocent, that the allegations were vague, and that no specific overt act could be linked to him, also asserting a clean antecedent. The State opposed bail. The Patna High Court, after hearing counsel, ordered that the appellant be released on bail upon surrender within eight weeks, with a bail bond of Rs.10,000 and two sureties, and set aside the lower court’s order as it applied only to the appellant.

Issues considered

  • Whether the allegations against the appellant under the IPC and SC/ST Act constitute a specific overt act sufficient to deny anticipatory bail.
  • Whether the appellant is entitled to anticipatory bail despite the seriousness of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • SC/ST Act
  • scheduled caste
  • criminal procedure
  • bail
  • IPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4517 of 2024
                      Arising Out of PS. Case No.-156 Year-2024 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Vikash Kumar @ Vikash Yadav Son of Late Mukhiya Yadav Resident of
                 Village -Dhani Bigha, PS- Chandauti, District- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Arvind Kumar Son of Late Jagdish Paswan R/O- Village- Jamune, P.S.-
                 Chandauti, Distt.- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Vinod Kumar, Advocate
                 For the Respondent/s    :       Ms. Usha Kumari 1, Spl. Public Prosecutor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-03-2026                  Despite filing Vakalatnama, 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

                   05.08.2024 passed by learned Special Judge, SC/ST, Gaya in

                   ABP No. 241 of 2024 arising out of Chandauti P.S. Case No.

                   156 of 2024 registered under Sections 341, 323, 353, 504,

                   506/34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)

                   (va) of Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, whereby the prayer for anticipatory bail of

                   appellant has been rejected.
Patna High Court CR. APP (SJ) No.4517 of 2024(4) dt.12-03-2026
                                             2/3




                       4. As per F.I.R., 17 named accused persons, including

          this appellant and 10-15 unknown miscreants attacked

          informant by means of lathi, danda and iron rod as a result of

          which he sustained injuries. It is further alleged that the accused

          persons also damaged vehicles and abused informant by caste

          name.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and has committed no offence. Allegation

          of assault is general and omnibus and there is no allegation of

          any specific overt act against the appellant. It is not the case of

          informant the alleged incident occurred within public view and

          as such, no case under SC/ST Act is made out against appellant.

          Appellant claims clean antecedent.

                       6. Learned Spl. Public Prosecutor for the State

          vehemently opposed the bail application.

                       7. Considering the aforesaid facts, 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 Special

          Judge, SC/ST, Gaya in ABP No. 241 of 2024 arising out of

          Chandauti P.S. Case No. 156 of 2024.
              Patna High Court CR. APP (SJ) No.4517 of 2024(4) dt.12-03-2026
                                                           3/3




                                     8. Accordingly, this criminal appeal is allowed and

                        impugned order dated 05.08.2024 is set aside with respect to

                        this appellant only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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