Patna High Court
MAHESH YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted to the appellants.
Summary
The appellants, six members of the Yadav family, appealed against the order of the Additional District and Sessions Judge-cum-Special Judge, Araria, which had rejected their anticipatory bail application in a case involving alleged caste‑based assault and multiple offences under the IPC and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused, armed, attacked the informant and his wife with caste slurs. The appellants contended that the allegations were vague, stemmed from a land dispute, and that no specific overt act could be linked to them; they also highlighted their clean antecedents. The High Court, after considering the general and omnibus nature of the accusations and the appellants' clean record, set aside the lower court’s order and granted bail on the condition of a bond and sureties. The order directed that the bail be effected within eight weeks of receipt of the order.
Issues considered
- Whether the appellants are entitled to anticipatory bail despite the serious charges under the IPC and the SC/ST Act.
- Whether the allegations against the appellants are specific enough to constitute a case under the SC/ST (Prevention of Atrocities) Act.
- Whether the appellants' clean antecedents and the general nature of the accusations justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354B, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s), 3(x)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST (Prevention of Atrocities) Act
- caste based violence
- bail grant
- clean antecedents
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5005 of 2024
Arising Out of PS. Case No.-2 Year-2024 Thana- Madanpur District- Araria
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1. MAHESH YADAV S/o Late Musarfi Yadav R/o vill - Kanain Chowk,
Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria
2. Rajendra Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk,
Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria
3. Bhavesh Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk,
Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria
4. Jagdish Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur,
Ward no- 12, P.S.- Madanpur, District- Araria
5. Ramesh Yadav S/o Late Musarfi Yadav R/o vill - Kanain Chowk, Madanpur,
Ward no- 12, P.S.- Madanpur, District- Araria
6. Suraj Yadav @ Suraj Kumar S/o Mahesh Yadav R/o vill - Kanain Chowk,
Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Durganand Paswan S/o Late Mukund Lal Paswan R/o vill - Kanain Chowk,
Madanpur, Ward no- 12, P.S.- Madanpur, District- Araria
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Mrigendra Kumar, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Rakesh Mohan Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 02-04-2026 Heard learned counsel appearing for the appellants,
learned Special Public Prosecutor appearing for the respondent-
State and learned counsel appearing for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026
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dated 01.10.2024 passed in a case registered for the offence
punishable under Sections 147, 148, 149, 341, 323, 307, 354B,
379, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)
(x) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for anticipatory bail of
these appellants has been rejected.
3. As per prosecution case, all the F.I.R. named
accused persons, including these appellants, variously armed,
came to the house of informant, abused him with caste based
slurs and assaulted him. It is further alleged that when wife of
informant came to rescue, she was also assaulted.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. As a matter of fact, due to long
standing land dispute between the parties, a simple quarrel took
place and taking advantage of the situation, this false and
concocted case has been lodged. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against these appellants. Moreover, injuries, allegedly
caused by these appellants, are simple in nature. It is not the
case of the prosecution that any member of public was present
Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026
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at the place of occurrence and as such, no case under the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against these appellants. Appellants
claim clean antecedents.
5. Learned Spl. P.P. appearing for the respondent-State
and learned counsel appearing for the informant/Respondent
No. 2 have vehemently opposed the prayer for grant of bail to
the appellants.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellants, this appeal is allowed and the
impugned order dated 01.10.2024 passed by the learned 1 st
Additional District and Sessions Judge-cum-Special Judge,
Araria in connection with A.B.P. No. 2258 of 2024 arising out
of Madanpur P.S. Case No. 02 of 2024 is hereby set aside with
respect to these appellants only.
7. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged 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
Patna High Court CR. APP (SJ) No.5005 of 2024(4) dt.02-04-2026
4/4
learned 1st Additional District and Sessions Judge-cum-Special
Judge, Araria in connection Madanpur P.S. Case No. 02 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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