Patna High Court
Radhe Yadav @ Harsh RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the order refusing anticipatory bail is set aside and anticipatory bail is granted subject to conditions.
Summary
The appellants appealed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the Special Judge’s refusal to grant anticipatory bail in a case involving alleged assault and caste‑based abuse. The appellants argued that the notice was validly served through a jointness application, that they have clean antecedents, and that the allegations were false and stemmed from a land‑dispute. The State opposed the appeal, maintaining that the lower court’s order was proper. The High Court held that the lower court’s refusal was untenable, set aside the order, and granted anticipatory bail subject to bail bonds and sureties, invoking its powers under Section 482(2) of the Criminal Procedure Code. Consequently, the appeal was allowed and the appellants were released on anticipatory bail if arrested or surrendered within six weeks.
Issues considered
- Whether the refusal to grant anticipatory bail under the SC/ST Act was justified in view of the alleged false allegations and land‑dispute motive.
- Whether service of notice via a jointness application is valid for the purposes of anticipatory bail proceedings.
- Whether the provisions of Section 14‑A(2) of the SC/ST Act and Section 482(2) of the Criminal Procedure Code permit the High Court to set aside the Special Judge’s order.
- Whether the appellants are entitled to anticipatory bail despite the serious offences alleged under the IPC and the SC/ST Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 325, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false allegations
- jointness application
- land dispute
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4817 of 2024
Arising Out of PS. Case No.-134 Year-2024 Thana- CHAKAND District- Gaya
======================================================
1. Radhe Yadav @ Harsh Raj S/O Late Ajay Yadav R/O Village- Siyarbhukka,
P.S- Chakand, Distt.- Gaya.
2. Abhinandan Kumar @ A.P. S/O Satendra Yadav R/O Village- Panchu Bigha,
P.S- Chakand, Distt.- Gaya.
3. Nanku Kumar @ Praveen Kumar @ Nankhu Kumar @ Pravin Kumar S/O
Chandradev Saw R/O Village- Siyarbhukka, P.S- Chakand, Distt.- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sujeet Kumar S/O Dara Paswan R/O Village- Barhi Bigha, P.S- Chakand,
Distt.- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailesh Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 21-04-2026 1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Mr. Sadanand Paswan.
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 20.08.2024 in A.B.P. No. 253 of 2024 passed by the
learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in
connection with Chakand P.S. Case No. 134 of 2024 registered
for the offences punishable under Sections 341, 323, 325, 307,
Patna High Court CR. APP (SJ) No.4817 of 2024(5) dt.21-04-2026
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504, 506 and 34 of the Indian Penal Code as well as Sections
3(1)(r)(s) of the SC/ST Act.
3. The learned counsel for the appellants seeks
permission to withdraw the appeal with respect to appellant no.
2 ( Abhinandan Kumar @ A.P.) as he was arrested during
pendency of the appeal.
4. Permission is accorded.
5. Learned counsel for the appellants submits that
notice was received by the father of the respondent no. 2 and in
support of the same, a jointness application has been filed.
6. Since, a jointness application has been filed, as
such, the notice is deemed to be validly served.
7. It is next submitted that appellant nos. 2 and 3
are persons with clean antecedent and the informant alleges that
on 15.05.2024 at about 05:40 AM, he was coming from his field
when he was intercepted by the accused persons including the
appellants on two bikes and they assaulted the informant and
abused him by taking caste name and threatened of dire
consequences, on alarm villagers gathered when accused fled.
8. Learned counsel for the appellants submits
appellants have been falsely implicated in the instant case by the
informant on account of dispute relating to land. It is next
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submitted that allegation of abuse and assault is general and
omnibus in nature when SC/ST Act is a stringent act. It is also
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that the same does not even remotely
suggest that the occurrence was witnessed by any independent
witnesses. It is further submitted that parties have compromised
and thus respondent no. 2 despite receiving notice chooses not
to appear and contest.
9. Learned Spl. P.P. for the State opposes the
appeal.
10. In view of the submissions made by the learned
counsel for the appellants, the order dated 20.08.2024 in A.B.P.
No. 253 of 2024 passed by the learned Exclusive Special Judge
S.C./S.T. (POA) Act, Gaya in connection with Chakand P.S.
Case No. 134 of 2024, is hereby set aside and the appellants
above-named, in the event of their 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)
each 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 Chakand P.S. Case No. 134 of 2024
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. APP (SJ) No.4817 of 2024(5) dt.21-04-2026
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the BNSS.
11. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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