Patna High Court
Rajeev Yadav @ Rajiv YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court allowed the appeal, set aside the refusal of anticipatory bail, and granted bail with conditions.
Summary
The appellant, Rajeev Yadav, was charged under several sections of the Bihar National Security Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for alleged offences including assault and caste-based abuse. He applied for anticipatory bail under Section 14‑A(2) of the SC/ST Act, but the Special Judge refused bail. On appeal, the High Court examined the appellant’s prior criminal record, the nature of the allegations, and the possibility of non‑cooperation with the investigation. The Court held that the lower court’s refusal was not justified and set aside the order, granting anticipatory bail subject to a Rs.5,000 bond, two sureties, and compliance with Section 482(2) of the BNSS, with a provision for cancellation if the appellant fails to cooperate. The appeal was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act despite serious allegations and prior criminal antecedents.
- Whether the Special Judge’s refusal of anticipatory bail was a legal error.
- Whether conditions under Section 482(2) of the BNSS may be imposed on anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- Section 14-A
- Section 482
- criminal procedure
- bail conditions
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.471 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- FULKAHA District- Araria
======================================================
Rajeev Yadav @ Rajiv Yadav S/o Bechan Yadav Resident of village -
Manikpur, Ward No. 12, Police Station - Fulkaha, District - Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Bhupdeo Rajak S/o Late Surya Narayan Rajak Resident of village -
Manikpur, Ward No. 15, Police Station - Fulkaha, District - Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Arun
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 1. Heard learned counsel for the appellant and
learned Spl. P.P. for the State, Mr. Binay Krishna.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 16.12.2025 in A.B.P. No. 2113 of 2025 and 2114 of
2025 passed by the learned 1st Additional Sessions Judge-cum-
Patna High Court CR. APP (SJ) No.471 of 2026(3) dt.27-04-2026
2/4
Special Judge, Araria in connection with Fulkaha P.S. Case No.
127 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 308(2), 352 and 3(5) of the BNS, 2023
as well as Sections 3(i)(r) and 3(i)(s) of the SC/ST Act.
3. Learned counsel for the appellant submits that
respondent no. 2 despite receiving notice chooses not to appear
and contest. It is further submitted that appellant has antecedent
of five cases and the informant alleges that cattles of accused
persons were grazing in his field, on objection accused persons
abused by taking caste name and assaulted and Rajeev tried to
strangulate by a towel while Yugesh abused by caste name and
threatened.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is further submitted that a dispute relating to land
is brewing in between the parties. It is also submitted that
though it is alleged that appellant tried to strangulate the
informant by towel, but then no injury report is on record. It is
further submitted that as far as allegation of abuse is alleged, the
same is general and omnibus in nature and this perhaps explains
why informant despite receiving notice chooses not to appear
and contest.
Patna High Court CR. APP (SJ) No.471 of 2026(3) dt.27-04-2026
3/4
5. Learned Special P.P. for the State submits that
appellant has antecedent of five case and if privilege of
anticipatory bail is granted, the appellant may abscond, on
which the learned counsel appearing on behalf of the appellant
submits that no doubt appellant has antecedent of five cases, but
then they are under Excise Act and minor sections of the IPC. It
is also submitted that nature of allegation also needs to be
appreciated and the anticipatory bail may not be rejected in a
mechanical manner. It is also submitted that if privilege of
anticipatory bail is granted, the appellant will not abscond rather
will cooperate in the investigation to prove his innocence.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 16.12.2025 in A.B.P.
No. 2113 of 2025 and 2114 of 2025 passed by the learned 1st
Additional Sessions Judge-cum-Special Judge, Araria in
connection with Fulkaha P.S. Case No. 127 of 2025, is hereby
set aside and the appellant above-named, in the event of his
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with Fulkaha
Patna High Court CR. APP (SJ) No.471 of 2026(3) dt.27-04-2026
4/4
P.S. Case No. 127 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that appellant despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the appellant.
8. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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