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Patna High Court

Nitish Kumar @ Guddan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing that bail be granted to the appellants.

Summary

The appellants, six individuals from Ballopur village, were charged under multiple IPC sections and the SC/ST (Prevention of Atrocities) Act for alleged assault, abuse, chain snatching and political intimidation on 8 June 2024. Their anticipatory bail application was rejected by the Special Judge, prompting an appeal. The appellants argued they have clean antecedents, the FIR allegations are vague, injuries are minor, the incident was not in public view and appears politically motivated. The State could not effectively counter these submissions. The High Court set aside the Special Judge’s order, allowed the appeal and directed that the appellants be released on bail upon furnishing bail bonds with sureties, subject to CrPC Section 482(2).

Issues considered

  • Whether the anticipatory bail granted to the appellants should be set aside in view of the alleged offences under the IPC and SC/ST Act.
  • Whether the FIR allegations are sufficiently specific to sustain a denial of bail under the SC/ST (Prevention of Atrocities) Act.
  • Whether the nature of the alleged incident (private vs public, political motive) affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • political intimidation
  • bail jurisdiction
  • IPC offences
  • vague allegations

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4685 of 2024
                      Arising Out of PS. Case No.-170 Year-2024 Thana- HALSI District- Lakhisarai
                 ======================================================
           1.     Nitish Kumar @ Guddan Yadav son of Kameshwar Yadav Resident of
                  Village-Ballopur, P.S -Halsi, Dist- Lakhisarai
           2.    Dipak Yadav @ Dipak Kumar son of Dinesh Yadav Resident of Village-
                 Ballopur, P.S -Halsi, Dist- Lakhisarai
           3.    Mannu Kumar @ Mannu Yadav Son of Nago Yadav Resident of Village-
                 Ballopur, P.S -Halsi, Dist- Lakhisarai
           4.    Shatrudhan Kumar @ Shatrudhan Yadav son of Balmiki Yadav @ Balmiki
                 Resident of Village-Ballopur, P.S -Halsi, Dist- Lakhisarai
           5.    Sanjeev Kumar@ Sanjeev Yadav @ Karu Yadav Son of Suresh Yadav
                 Resident of Village-Ballopur, P.S -Halsi, Dist- Lakhisarai
           6.    Chhotu Yadav @ Chhotu Kumar son of Shri Yadav Resident of Village-
                 Ballopur, P.S -Halsi, Dist- Lakhisarai

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rekha Devi W/o- Ajay Paswan R/o Village- Ballopur, P.S.- Halsi, Dist.-
                 Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Amrendra Kumar
                 For the Respondent/s    :        Mr.Binay Krishna
                                                  Ms.Minakshi Kumari
                                                  Mr.Munish Kumar
                                                  Mr.Munna Raj
                                                  Mr.Shitanshu Shekhar Kumar
                                                  Mr.Gaurav Kumar
                                                  Mr.Sudhanshu Shekhar Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   22-01-2026                 1. Heard the learned counsel for the appellants and

                   the learned Special Public Prosecutor for the State.

                               2. The appellants have challenged the order dated

                   31.07.2024 passed by the learned A.D.J. 1st cum-Special Judge,

                   SC/ST Act, Lakhisarai in connection with Halsi P. S. Case
Patna High Court CR. APP (SJ) No.4685 of 2024(5) dt.22-01-2026
                                             2/4




          No.170 of 2024, instituted for the offences under Sections 147,

          149, 341, 323, 379, 354, 307, 504, 506 of the Indian Penal Code

          and Sections 3(i)(r)(s), 3(2)(va) 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 appellants are persons with clean

          antecedent and the informant alleges that on 08.06.2024 at 8.00

          P.M., nine named accused persons including the appellants came

          to her house and started abusing and Bittu asked about her

          husband and abused by taking caste name. On objection, Bittu

          and Shatrughan started assaulting and Bittu tore her clothes and

          thereafter, Chhotu and Mannu assaulted her husband by an iron

          rod causing injury on his head, thereafter Nayan assaulted

          Bajrangi by rod causing injury on hand and Guddan snatched

          her chain and accused fled threatening that they must give vote

          to a particular political party.

                       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 abuse is general and omnibus in nature. It is further
Patna High Court CR. APP (SJ) No.4685 of 2024(5) dt.22-01-2026
                                             3/4




          submitted that even allegation of assault is not specific as it is

          alleged that Chhotu and Mannu assaulted her husband by an

          iron rod causing injury on his head. It is further submitted that

          allegation of assault is not specific against Chhotu and Mannu

          though Bittu and Nayan are alleged to have assaulted informant

          and Bajrangi, but then, the injury suffered by them has been

          opined to be simple. It is next submitted that as far as allegation

          of snatching chain is alleged against Guddan, the same is

          ornamental. It is further submitted that even presuming what has

          been alleged is true, then the occurrence is not alleged to have

          taken place in public view and the allegation appears more

          political in nature. It is reiterated and submitted that the injury

          suffered by the injured has been opined to be simple in nature.

                       5. The learned Special P.P. and the learned counsel

          appearing on behalf of the informant opposes the appeal, but

          then, are not in a position to rebut the submission of the learned

          counsel appearing on behalf of the appellants that occurrence is

          not taken place in public view and the injury suffered by the

          injured has been opined to be simple and that the dispute is

          more political in nature.

                       6. Regard being had to the aforesaid submissions, the

          order dated 31.07.2024 is set-aside.
               Patna High Court CR. APP (SJ) No.4685 of 2024(5) dt.22-01-2026
                                                            4/4




                                      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 A.D.J. 1st cum-Special Judge,

                         SC/ST Act, Lakhisarai in connection with Halsi P. S. Case

                         No.170 of 2024, subject to the conditions laid down under

                         Section 482(2) of the BNSS.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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