Patna High Court
Akhilesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail is warranted as the allegations do not involve serious injury and the caste abuse was not in full public view.
Summary
The appellants, five Yadavs from Beniya village, were charged in a 2015 FIR for assault, robbery, arson and other offences under various IPC sections, the Arms Act and the SC/ST (Prevention of Atrocities) Act. They sought anticipatory bail in 2024, arguing that the incident stemmed from local election rivalry, that the caste abuse was not in full public view, that no serious injury was caused, and that they have no prior criminal record. The State contended that the charges were serious and the delay in seeking bail was unwarranted. The High Court, after considering the nature of the allegations and the lack of serious injury, granted anticipatory bail, set aside the Special Judge’s order, and imposed a bail bond with sureties subject to Section 482(2) of the B.N.S.S. 2023. The decision allows the appellants to be released on bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences including assault, robbery, arson and caste-based abuse.
- Whether the alleged caste abuse, not being in full public view, diminishes the seriousness of the offence for bail purposes.
- Whether the delay in seeking anticipatory bail (nearly nine years) affects the entitlement to bail.
Legislation cited
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 147, 149, 323, 342, 379, 436, 448, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(iii), 3(i)(x)
Subjects
- anticipatory bail
- IPC offences
- caste violence
- SC/ST Act
- Arms Act
- criminal procedure
- bail jurisprudence
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5034 of 2024
Arising Out of PS. Case No.-24 Year-2015 Thana- GURUA District- Gaya
======================================================
1. Akhilesh Yadav S/O Kameshwar Yadav R/O Village- Beniya, P.S- Gurua,
District- Gaya.
2. Gaya Yadav @ Gaya Kumar Yadav S/O Bisheshwar Yadav R/O Village-
Beniya, P.S- Gurua, District- Gaya.
3. Mithlesh Yadav S/O Kameshvar Yadav R/O Village- Beniya, P.S- Gurua,
District- Gaya.
4. Kameshwar Yadav S/O Mungeshwar Yadav R/O Village- Beniya, P.S- Gu-
rua, District- Gaya.
5. Bevash Yadav @ Vyas Yadav S/O Mueshvar Yadav R/O Village- Beniya,
P.S- Gurua, District- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Nagendra Chaudhary S/O Naresh Chaudhary R/O Village- Beniya, P.S- Gu-
rua, District- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sudhir Kumar Sinha
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 24-02-2026 1. Heard the parties.
2. The appellants apprehend their arrest in connection with
Gurua P.S. Case No. 24 / 2025 dt: 20.02.2015 registered for the
offence under Section 342, 323, 448, 436, 379, 504, 506, 147,
149 of the IPC, Section 27 of the Arms Act and Section 3(i)(x) /
3(iii) of the SC/ST (POA) Act and being aggrieved by the order
dated 28.09.2024 passed in A.B.P. No. 308 / 2024 arising out
of the aforesaid FIR by learned Exclusive Special Judge SC/ST,
Patna High Court CR. APP (SJ) No.5034 of 2024(4) dt.24-02-2026
2/3
Gaya has preferred this appeal for grant of anticipatory bail.
3. As per the prosecution case on 20.02.2015 at about 8:00
P.M. while the informant was at his home with his family, the
appellants along with other accused arrived with ‘lathi’, ‘danda’
and khanti and abused the informant, looted ornaments having
value of Rs. 50,000/- and cash Rs. 20,000/- and while retreating
they burnt the roof and verandah of the house of the informant.
4. Learned counsel for the appellants submits that both the
parties are co-villagers and the occurrence has taken place due
to PACS election rivalry. The allegation against the appellant is
general and omnibus in nature and abuse by the caste name was
not in full public view. The allegation of house burning has not
been substantiated during investigation. Since appellants are not
residing at the place of occurrence and have been earning their
livelihood outside Bihar, they could not know about the lodging
of the present FIR. Appellants are having no criminal an-
tecedent.
5. Learned counsel for the respondent no. 2 and State
argued that in the FIR lodged in 2015 the appellants have sought
bail in the year 2024 / 2025. The allegation against the
appellants is serious in nature.
6. Regard being had to the submission made by the parties,
Patna High Court CR. APP (SJ) No.5034 of 2024(4) dt.24-02-2026
3/3
taking into consideration the nature of allegation and the fact
that abuse by caste name was not in full public view and no
serious injury has been caused to the side of informant, accord-
ingly, I am inclined to grant anticipatory bail to the appellants.
7. Accordingly, this appeal is allowed and the impugned or-
der dated 28.09.2024 passed in A.B.P. No. 308 / 2024 passed by
learned Exclusive Special Judge, S.C. / S.T., Gaya is hereby set
aside.
8. Let the appellants, above named, be released on anticipa-
tory bail in the event of arrest or surrender before the court
below within a period of four weeks from today on furnishing
bail bond of Rs. 10,000/- (rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of Exclusive
Special Judge SC / ST, Gaya in connection with Gurua P.S. Case
No. 24 of 2015 subject to the condition as laid down under Sec-
tion 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
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