Patna High Court

Varun Yadav @ Varun KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: PRAVEEN KUMAR

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside, with bail granted subject to conditions.

Summary

The appellants, a group of Yadavs, were charged under IPC sections 147, 323, 504 and 506 and under Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting and abusing a person with caste-based slurs. They applied for anticipatory bail; three appellants withdrew their applications and the remaining ten sought bail. The Special Public Prosecutor opposed the bail, arguing the accused were actively involved in the incident. The High Court examined the nature of the alleged caste abuse, the antecedent records of the accused, and the statutory provisions governing anticipatory bail. It held that bail could be granted subject to a bond of Rs.10,000 with two sureties and conditions under Sections 438(2) and 482(2) of the CrPC, and set aside the lower court’s order rejecting bail.

Issues considered

Whether the allegations under the SC/ST (Prevention of Atrocities) Act justify denial of anticipatory bail.
Whether the criminal antecedents of the accused preclude the grant of anticipatory bail.
Whether the alleged caste abuse, not occurring in a public place, falls within the ambit of the SC/ST Act.
Whether bail may be granted under Sections 438(2) and 482(2) of the Criminal Procedure Code despite the seriousness of the offences.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Indian Penal Code — s. 147, 323, 504, 506
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(i)(r)(s)

Subjects

anticipatory bail
SC/ST Act
caste violence
IPC offences
bail conditions
criminal appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.4788 of 2024
       Arising Out of PS. Case No.-32 Year-2018 Thana- NIMCHAKBATHANI District- Gaya
     ======================================================
1.    Varun Yadav @ Varun Kumar S/o- Shivdahin Yadav @ Shivdahin Singh
      Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
2.   Vijay Yadav @ Vijay singh S/o- Shivdahin Yadav @ Shivdahin Singh
     Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
3.   Makhi Yadav @ Makarjit Singh Son of Kasi Yadav @ Kashi Singh Village-
     Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
4.   Bhola Yadav @ Raj Kishor Singh Son of Yadu Yadav @ Yadu Singh
     Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
5.   Kamendra Yadav @ Kamendra Singh Son of Bisheshwar Singh @ Bisheshar
     Singh Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
6.   Kapil Yadav @ Kapil Singh S/o- Nailu Yadav @ Jogeshar Singh Village-
     Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
7.   Binda Yadav @ Binda Prasad Son of Bisheshwar Singh @ Bisheshar singh
     Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
8.   Ajay Yadav Son of Shivdahin Yadav @ Shivdahin Singh Village- Kasi
     Bigha, P.S.- Neemchak Bathani, District - Gaya
9.   Kariya Yadav @ Ranjeet Singh S/o- Late Kasi Yadav @ Kashi Singh
     Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
10. Uttam Yadav @ Uttam Kumar Son of Binda Yadav @ Bindu Bhusan Alok
    Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
11. Jalandhar Yadav @ Jalendra Singh Son of Late Yadu Yadav @ Yadu Singh
    Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
12. Sukhari Yadav @ Ramasray Prasad S/o- Visheshwar Yadav @ Visheswar
    Prasad Village- Kasi Bigha, P.S.- Neemchak Bathani, District - Gaya
13. Parsuram Yadav Son of Late Kasi Yadav @ Kashi Singh Village- Kasi
    Bigha, P.S.- Neemchak Bathani, District - Gaya

                                                                     ... ... Appellant/s
                                          Versus
1.   The State of Bihar
2.   Munarik Paswan S/o- Late Dwarik Paswan Village- Telari Ps- Neemchak
     Bathani Dist- Gaya

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :        Mr. Durgesh Nandan, Advocate
     For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
         Patna High Court CR. APP (SJ) No.4788 of 2024(4) dt.12-02-2026
                                                      2/5




                                                   ORAL ORDER

4   12-02-2026                  Heard learned counsel for the appellants and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                2. Learned counsel for the appellants, at the outset,

                   seeks permission to withdraw the prayer of anticipatory bail of

                   appellants No. 1, 2 and 8, namely, Varun Yadav @ Varun

                   Kumar, Vijay Yadav @ Vijay Singh and Ajay Yadav

                   respectively.

                                3. Permission is accorded.

                                4. This appeal with respect to the appellants No. 1, 2

                   and 8, namely, Varun Yadav @ Varun Kumar, Vijay Yadav @

                   Vijay Singh and Ajay Yadav respectively are dismissed as

                   withdrawn.

                                5. Accordingly, this appeal is now taken up for

                   consideration of prayer of anticipatory bail of appellants No. 3

                   to 7 and 9 to 13, namely, Makhi Yadav @ Makarjit Singh, Bhola

                   Yadav @ Raj Kishor Singh, Kamendra Yadav @ Kamendra

                   Singh, Kapil Yadav @ Kapil Singh, Binda Yadav @ Binda

                   Prasad, Kariya Yadav @ Ranjeet Singh, Uttam Yadav @ Uttam

                   Kumar, Jalandhar Yadav @ Jalendra Singh, Sukhari Yadav @

                   Ramasray Prasad and Parsuram Yadav respectively.
Patna High Court CR. APP (SJ) No.4788 of 2024(4) dt.12-02-2026
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                       6. This appeal under Section 14A(2) of the Scheduled

          Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989

          has been directed against the order dated 23.09.2024 passed by

          learned Exclusive Special Judge, SC/ST, Gaya, in A.B.P. No.

          293 of 2024 in connection with Neemchak Bathani P.S. Case

          No. 32 of 2018 dated 24.03.2018, registered under Sections 147,

          323, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)

          of Scheduled Castes and Scheduled Tribe (Prevention of

          Atrocities) Act, 1989, whereby the prayer for grant of

          anticipatory bail of the appellants has been rejected.

                       7. As per the prosecution case, the informant received

          an information on 23.03.2018 at 06:30 PM, that one Kamindra

          Chaudhary of Kashi Bigha was being beaten. Thereafter, he

          along with police officials went to Kashi Bigha, all the accused

          persons including these appellants assaulted and abused him by

          taking caste name and threatened to kill him.

                       8. Learned counsel appearing for the appellants

          submits that the appellants No. 4, 5, 9 and 11 bear clean

          antecedent and appellants No. 3, 6, and 7 have one criminal

          antecedent, appellant No.8 has three criminal antecedents and

          appellant No. 10 has two criminal antecedents and no specific

          overt act has been alleged against them. As regards allegation of
Patna High Court CR. APP (SJ) No.4788 of 2024(4) dt.12-02-2026
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          abuse with the caste name attracting the rigours of SC & ST Act

          is concerned, it is not committed in a public place nor any

          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. He

          further submits that no case, as alleged in the F.I.R, attracting

          rigours of SC & ST Act is made out against the appellants.

          Hence, the impugned order may be set aside and the appellants

          may be granted the privilege of anticipatory bail.

                       9. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the appellants and submitted that appellants are actively

          involved in the present occurrence.

                       10. Considering the entire facts and circumstances of

          the case, let the appellant Nos. 3 to 7 and 9 to 13, in the event of

          their arrest/surrender within a period of six weeks be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each

          with two sureties of the like amount each to the satisfaction of

          the learned Exclusive Special Judge, SC/ST, Gaya, in

          connection with Neemchak Bathani P.S. Case No. 32 of 2018

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S/Section 438(2) of the Cr.P.C.

                         11. Accordingly, this appeal is allowed and the
           Patna High Court CR. APP (SJ) No.4788 of 2024(4) dt.12-02-2026
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                     impugned order dated 23.09.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is, hereby, set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T

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