Patna High Court
Nitish Kumar @ Guddan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 341, 354, 379, 504, 506
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)
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
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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
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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
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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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