Patna High Court
Mahavir YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The order rejecting anticipatory bail is set aside and the appeal is allowed, granting bail to the appellants.
Summary
The appellants, a group of nine individuals including Santosh Kumar, were charged under multiple IPC sections (147, 149, 341, 323, 325, 307, 504, 506) and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly snatching a motorcycle and assaulting the informant's family on 2 May 2024. They applied for anticipatory bail, which was rejected by the Exclusive Special Judge on 11 June 2024. The appellants contended they had clean records, were falsely implicated, and that the FIR was vague and lacked a motive. The High Court examined these submissions, found the allegations insufficient to deny bail, and set aside the lower court’s order. The appeal was allowed, directing that the appellants be released on bail upon furnishing a bail bond of Rs.5,000 with two sureties each, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the rejection of anticipatory bail by the Exclusive Special Judge was justified given the nature of the allegations.
- Whether the FIR sufficiently discloses a specific motive or concrete evidence to deny bail.
- Whether the appellants can be considered falsely implicated under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 325, 341, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- IPC offences
- bail jurisdiction
- high court criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4381 of 2024
Arising Out of PS. Case No.-19 Year-2024 Thana- SC/ST District- Gaya
======================================================
1. Santosh Kumar @ Santosh Yadav S/o- Nanku Yadav @ Nanka Mahto
Village- Hiribagicha Po- Dema Ps- Mohanpur Hiribagicha Bodh Gaya Dist-
Gaya
2. Pappu Yadav Son of Kishori Yadav Village- Hiribagicha Po- Dema Ps-
Mohanpur, Laru, Dist-Gaya
3. Uday Yadav @ Uddi Yadav Son of Bodhi Yadav Village- Hiribagicha Po-
Dema Ps- Mohanpur Dangra Barachatti, Dist-Gaya
4. Sanjay Yadav @ Littu Yadav Son of Kuleshwar yadav Village- Hiribagicha
Po- Dema Ps-Mohanpur Bodh Gaya Dist-Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Meena Devi Wife of Kaila Manjhi Village- Dema Ps- Mohanpur Dist-Gaya
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4520 of 2024
Arising Out of PS. Case No.-19 Year-2024 Thana- SC/ST District- Gaya
======================================================
1. Mahavir Yadav Son of Late Narayan Yadav Resident of Village - Dema,
Tola, Haribagicha, Post Dema, Dirawan, P.S. - Mohanpur, Bodh Gaya,
District - Gaya, Bihar
2. Bodhi Yadav Son of Munni Yadav Resident of Village - Hiribagicha, Post
Dema, P.S. - Mohanpur, Laru, District - Gaya, Bihar
3. Vinay Kumar @ Vinay Yadav Son of Sahdev Yadav Resident of Village -
Hiribagicha, Post - Dema, P.S. - Mohanpur, Dangra, Barachatti, District -
Gaya, Bihar
4. Pradeep Kumar Son of Rajkumar Yadav Resident of Village - Hiribagicha,
Post- Dema, Dirawan, P.S. - Mohanpur, District - Gaya, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Meena Devi Wife of Kaila Manjhi Panchayat - Dema, P.S. - Mohanpur,
District - Gaya, Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4381 of 2024)
Patna High Court CR. APP (SJ) No.4381 of 2024(4) dt.22-01-2026
2/4
For the Appellant/s : Mr.Ashar Akhtar
Mr.Aiman Hassan
For the Respondent/s : Ms.Usha Kumari 1-Spl.P.P.
Mr.Shailesh Kumar
(In CRIMINAL APPEAL (SJ) No. 4520 of 2024)
For the Appellant/s : Mr.Ashar Akhtar
Mr.Aiman Hassan
For the Respondent/s : Ms.Usha Kumari 1-Spl.P.P.
Mr.Shailesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 22-01-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
11.06.2024 passed by the learned Exclusive Special Judge,
SC/ST, Gaya in connection with A.B.P. No.182 of 2024 arising
out of SC/ST P. S. Case No.19 of 2024, instituted for the
offences under Sections 147, 149, 341, 323, 325, 307, 504 and
506 of the Indian Penal Code and Section 3(1)(r)(s) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, 1989, whereby their prayer for grant of anticipatory bail
has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that the appellants are persons with clean
antecedent and the informant alleges that on 02.05.2024 at 8.00
P.M., nine named accused persons including the appellants
snatched the motorcycle of his son and addressed him by his
Patna High Court CR. APP (SJ) No.4381 of 2024(4) dt.22-01-2026
3/4
caste name, when his son was going for filling petrol in his bike
and also assaulted him, when informant along with his other son
and daughter came to save him, the accused assaulted them
causing injury on head and three mobiles along with silver chain
were snatched.
4. The learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault and abuse is general and omnibus in nature.
It is next submitted that appellant Santosh along with some
other accused persons were returning home by a four wheeler
and when they reached near village- Rajwar, they saw dozen of
people dancing on DJ on the main road, thus causing
obstruction to traffic. Accordingly, the appellants haunt in order
to disburse the obstruction, but then the villagers did not pay
any heed and kept dancing and thereafter, an altercation took
place and it were the side of the appellants who were assaulted.
It is also submitted that it does not appear probable that nine
accused/appellants all of a sudden would have appeared in the
night intercepting the son of the informant and would have
started abusing and assaulting without any reason. It is next
Patna High Court CR. APP (SJ) No.4381 of 2024(4) dt.22-01-2026
4/4
submitted that even the FIR does not allege any motive for the
occurrence which also belies the allegation.
5. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the
appeal.
6. Regard being had to the aforesaid submissions, the
order dated 11.06.2024 is set-aside.
7. The appeal stands allowed.
8. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Judge, SC/ST,
Gaya in connection with A.B.P. No.182 of 2024 arising out of
SC/ST P. S. Case No.19 of 2024, subject to the conditions laid
down under Section 482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…