Patna High Court
Chandan Yadav @ Chandan Kumar @ Kumar ChandanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellant subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The appellant, Chandan Yadav, was charged under several provisions of the Bihar Negotiable Substances (BNS) Act, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, including sections relating to assault and caste-based abuse. He applied for anticipatory bail, which was denied by the Exclusive Special Judge. The appellant appealed under Section 14‑A(2) of the SC/ST Act, arguing that he has a clean record and that the FIR was based on a land‑related dispute, not a genuine atrocity. The Special Public Prosecutor opposed the bail, but the High Court noted that the notice to the informant was validly served despite the informant’s non‑appearance. Considering the circumstances, the Court granted anticipatory bail on the condition of furnishing bail bonds and sureties, and set aside the lower court’s order.
Issues considered
- What is the appropriate exercise of discretion by the trial court in refusing anticipatory bail under the SC/ST Act?
- Whether the allegations in the FIR constitute a cognizable offence under the SC/ST Act warranting denial of bail.
- Whether the service of notice to the informant was valid and sufficient for proceeding with bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- land dispute
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4826 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- CHUTIA SAHAYAK District- Rohtas
======================================================
Chandan Yadav @ Chandan Kumar @ Kumar Chandan S/O Vishwanath
Singh @ Vishvnath Singh R/O Vill.- Makrain, P.S.- Dehri, Dist.- Rohtas
... ... Appellant/s
Versus
1. The State of Bihar
2. Jawahir Chamar S/O Late Mundrika Chamar R/O Vill.- Tiyara Khurd, P.S.-
Chutiya, Dist.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bipin Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari No. 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-04-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
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 06.11.2025
passed by the learned Exclusive Special Judge, SC/ST (POA) Act,
Rohtas at Sasaram in connection with Chutiya P.S. Case No. 55 of
2025 registered under Sections 126(2), 115(2), 351(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 Special Public Prosecutor for the State
submits that in compliance of the order dated 23.02.2026, the
Superintendent of Police, Rohtas was informed about the
Patna High Court CR. APP (SJ) No.4826 of 2025(4) dt.08-04-2026
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pendency of the instant appeal and was also requested to inform
the informant about the appeal so that he appear on the next date
fixed but the informant despite receiving the notice chooses not to
appear and contest.
4. In view of the submissions made by the learned
Special Public Prosecutor for the State, the notice is deemed to be
validly served.
5. Learned counsel appearing on behalf of the appellant
submits that appellant is a person with clean antecedent and the
informant alleges that on 05.08.2025, at about 08:00 a.m., he was
at his field when a quarrel started with the accused persons for
taking tractor inside the field as his crops were standing when the
informant opposed, it is alleged that appellant assaulted the
informant and when his wife came to save him, the accused
persons also assaulted and abused her by taking caste name.
6. Learned counsel appearing on behalf of the appellant
submits that appellant has been falsely implicated in the instant
case by the informant. It is further submitted that an altercation
took place on account of dispute relating to land but then the FIR
came to be instituted with an exaggerated allegation that wife of
the informant was abused by taking caste name and appellant
assaulted the informant. It is next submitted that both sides
assaulted each other and the injury suffered by the injured has
Patna High Court CR. APP (SJ) No.4826 of 2025(4) dt.08-04-2026
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been opined to be simple in nature. It is also submitted that this
perhaps explains why the informant despite receiving the notice
chooses not to appear and contest. It is reiterated and submitted
that the dispute arose on account of dispute relating to land but
then the instant FIR came to be instituted with exaggerated
allegation.
7. Learned Special Public Prosecutor for the State
opposes the prayer for anticipatory bail of the appellant.
8. Considering the submissions made by the learned
counsel appearing on behalf of the appellant, let the appellant,
above-named, in the event of his arrest or surrender within a
period of six weeks from the date of receipt of the order, 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 in connection with the aforesaid case, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2)
of the B.N.S.S.
9. Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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