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Patna High Court

Santosh Yadav @ Santosh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellant subject to prescribed conditions.

Summary

The appellant, Santosh Yadav, was charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant's brother with the butt of a pistol. He filed an appeal under Section 14‑A(2) of the SC/ST Act against the trial court's refusal to grant anticipatory bail, albeit 13 days after the deadline. The appellant argued that the delay should be condoned, that he has a clean record, and that the allegations are false because the FIR did not invoke the Arms Act and the injury to the alleged victim was not recorded. The State opposed the bail. The High Court condoned the delay, held that the appellant could be falsely implicated, and set aside the order refusing bail, granting anticipatory bail with a cash bond and sureties subject to Section 482(2) conditions. The appeal was allowed.

Issues considered

  • Whether a 13‑day delay in filing an appeal under Section 14‑A(2) of the SC/ST Act can be condoned.
  • Whether anticipatory bail should be granted in a case involving serious IPC offences and offences under the SC/ST Act.
  • Whether the claim of false implication and lack of Arms Act registration justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • limitation condonation
  • IPC offences
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4729 of 2025
                         Arising Out of PS. Case No.-9 Year-2025 Thana- SC/ST District- Bhojpur
                 ======================================================
                 Santosh Yadav @ Santosh Kumar Yadav S/O Brija Yadav @ Biraja Yadav
                 R/O Village- Yadavpur (jadopur), P.S.- Tiyar, District- Bhojpur

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Sarvjit Kumar S/O Badri Paswan R/O Village- Kamariyaon, P.S.- Tiyar,
                 District- Bhojpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Diwakar, Advocate
                 For the Respondent/s    :        Mr.Binay Krishna,Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026             1.      Heard learned counsel for the appellant and learned

                   Special P.P. for the State, Mr. Binay Krishna and learned counsel

                   appearing on behalf of the informant.

                           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 03.07.2025 in A.B.P. No. 1705 of 2025 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Bhojpur in connection with SC/ST(K) P.S.

                   Case No. 09 of 2025 registered for the offences punishable

                   under Sections of the Indian Penal Code as well as Sections
Patna High Court CR. APP (SJ) No.4729 of 2025(2) dt.08-07-2026
                                             2/3




          126(2), 115(2), 109,324(4), 324(5), 352, 308(3) and 3(5) of the

          BNS Act and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the Sc/ST Act.

                   3.     Learned counsel for the appellant submits that in

          view of the grounds taken on limitation application, delay of 13

          days in filing the appeal is condoned, as such, I.A. No. 01 of

          2025 is allowed.

                   4.     Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and from perusal of

          the allegation as alleged in the FIR, it would manifest that

          appellant is alleged to have assaulted the younger brother of the

          informant namely, Dhiraj Pawan by butt of pistol causing injury

          on temple and chest.

                   5.     Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant, it is next submitted that though informant alleges that

          his brother was assaulted by the appellant by butt of pistol, but

          then the FIR has not been instituted under the Arms Act, it is

          further submitted that the order impugned records about the

          injury of Santosh, Sunil and Sarvjit, but then injury of Dhiraj is

          not discussed that amply demonstrates that Dhiraj was never

          assaulted by the appellant, but only to give seriousness to the

          case, a false allegation was alleged.
               Patna High Court CR. APP (SJ) No.4729 of 2025(2) dt.08-07-2026
                                                            3/3




                                  6.     Learned Special P.P. for the State and learned

                         counsel appearing on behalf of the informant opposes the

                         appeal.

                                  7.     In view of the submissions made by the learned

                         counsel for the appellant, the order dated 03.07.2025 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 Trial Court where

                         the case is pending/successor court in connection with

                         SC/ST(K) P.S. Case No. 09 of 2025 subject to the conditions as

                         laid down under Section 482 (2) of the BNSS.

                                  8.     Accordingly, the appeal stands allowed.




                                                    (Satyavrat Verma, J)
Nitesh/-

U          T


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