Patna High Court
Vikash Kumar @ Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 323, 341, 353, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.