Patna High Court
Manu Yadav @ Abhimanu Yadav @ Abhimanu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed; the order refusing bail is set aside and bail is granted with conditions.
Summary
Manu Yadav was convicted in a FIR for murder, assault and intimidation of an informant under several provisions of the Bihar Naxalites (Security) Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He appealed the Special Judge’s refusal to grant regular bail, claiming he was falsely implicated, that the alleged offence occurred at the informant’s house and therefore did not attract the SC/ST Act, and that no specific allegation of assault was made against him. The State opposed bail, asserting his active participation in the crime and a prior criminal antecedent. The Patna High Court, applying Section 14(A)(2) of the SC/ST Act, set aside the lower court’s order and granted bail on a Rs.10,000 bond with two sureties and several conditions, including cooperation with the trial and no tampering with evidence. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act despite the seriousness of the alleged offences.
- Whether the alleged conduct falls within the ambit of the SC/ST Act given the place of occurrence.
- Whether the appellant’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- SC/ST Act
- criminal antecedent
- assault
- murder
- appeal
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.463 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- CHAORI District- Bhojpur
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Manu Yadav @ Abhimanu Yadav @ Abhimanu Kumar S/o Late Jamindra
Yadav Resident of Village- Diliya, P.S - Chauri, District- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ram Ayodhaya Ram S/o Gorakh Ram R/o Village - Diliya, P.S - Chauri,
District - Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raju Kumar Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Resp. No. 2 : Mr. Manoj Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr. Raju Kumar Singh, learned counsel for
the appellant, Mr. Manoj Kumar Singh, learned counsel
appearing on behalf of the Respondent No. 2 as well as Ms.
Usha Kumari 1, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 03.1.2026
passed by the learned Court of Special Judge, SC/ST cum
Additional Sessions Judge1, Bhojpur at Ara in connection with
Chauri P.S. Case No. 161 of 2025, F.I.R. dated 09.10.2025
registered under Sections 126(2), 115(2), 109, 352, 351(2) and
3(5) of the BNS, 2023 and Sections 3(1)(r)/(s), 3(2)(v) of the
Scheduled Castes and Scheduled Tribes Act (Prevention of
Patna High Court CR. APP (SJ) No.463 of 2026(3) dt.18-04-2026
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Atrocities) Act.
3. According to the prosecution case, this appellant
along with other accused persons were involved in the murder
of the informant's brother and for the said incident the informant
went to the court to depose as witness and thereafter, this
appellant along with other accused persons came to his house
and abused and assaulted him and also threatened him for dire
consequences.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the FIR
that the place of occurrence is the house of the informant, so no
case is made out under the SC/ST Act against the appellant.
Apart from that there is no specific allegation of assault or overt
act attributed against the appellant rather there is general and
omnibus allegation against all the accused persons including this
appellant and the injury received by the injured person in simple
in nature. He further submits that the police, after investigation,
submitted charge sheet against the appellant. The appellant is in
custody since 10.10.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
Patna High Court CR. APP (SJ) No.463 of 2026(3) dt.18-04-2026
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for the State have vehemently opposed the prayer for bail of the
appellant and submits that the appellant has actively participated
in the present crime in question and apart from that the appellant
carries one criminal antecedent other than the present one.
6. Considering the aforesaid 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 Court of Special Judge, SC/ST cum Additional Sessions
Judge1, Bhojpur at Ara in connection with Chauri P.S. Case No.
161 of 2025, with other following conditions:-
i. 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.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 have concealed his
Patna High Court CR. APP (SJ) No.463 of 2026(3) dt.18-04-2026
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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)
Vanisha/-
U T
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