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Patna High Court

Chamru YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted to the appellant and dismissed the appeal.

Summary

Chamru Yadav appealed to the Patna High Court under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking anticipatory bail after the Additional District Judge refused it. The FIR alleged that Yadav, the owner of a tractor, was involved in illegal sand mining and that a mob, invoking caste slurs, attacked police when they attempted to seize the tractor. Yadav contended he was falsely implicated, that the tractor was seized a day later without sand, and that as a chowkidar the respondent police officer did not require notice. The State argued that the tractor was indeed carrying illegal sand, that Yadav had a vested interest in freeing it, and that granting anticipatory bail would demoralise the police. The High Court, after considering the submissions, declined to extend anticipatory bail and dismissed the appeal.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act.
  • Whether the appellant’s alleged involvement in illegal sand mining warrants denial of bail.
  • Whether the respondent, being a chowkidar, required notice under procedural law.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • illegal sand mining
  • caste based abuse
  • police procedure
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.523 of 2026
                      Arising Out of PS. Case No.-112 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Chamru Yadav S/O Parmeshwar Yadav R/O Village- Manjhawe, P.O-
                 Manjhawe, P.S- Jamui, District- Jamui

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Dilip Kumar S/O Shibu Paswan R/O Village- Premdiha, P.S.- Halsi, Distrct-
                 Lakhisarai. Presently posted as Chowkidar at Halsi Police Station.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shailesh Anand, Adv.
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                 1. Heard learned counsel for the appellant and learned

                   Special P.P. 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 05.01.2026 in A.B.P. No. 1446 of 2026 passed by

                   the learned Additional District and Session Judge-1st-Cum-

                   Special Judge, S.C./S.T. (POA) Act, Lakhisarai in connection

                   with Halsi P.S. Case No. 112 of 2025 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 126(2), 127(2),

                   115(2), 121(1), 121(2), 132, 351(2) and 352 of the BNS as well

                   as Sections 3(i)(r), 3(i)(s) and 3(2)(va) of the SC/ST Act.

                               3. Learned counsel for the appellant submits that
Patna High Court CR. APP (SJ) No.523 of 2026(2) dt.07-07-2026
                                             2/3




          respondent no. 2 is Chowkidar, as such, the respondent is

          represented by the learned Spl. PP, hence, notice is not required.

          It is next submitted that appellant has antecedent of three cases

          and from perusal of the allegations as alleged in the FIR, it

          would manifest that the informant alleges that accused persons

          were involved in illegal trade of lifting sand and when the

          informant along with other police personnel reached the place of

          occurrence and tried to apprehend the tractor on which the sand

          was loaded, the driver of the tractor started fleeing but he was

          apprehended by the police, further when seizure list was being

          prepared, 20-25 accused arrived with lathi and danda and

          attacked the police force and when informant tried to take the

          tractor away from the place of occurrence, the accused persons

          abused him by taking caste name.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case being

          owner of the tractor. It is further submitted that tractor was not

          seized from the place of occurrence rather was seized a day later

          but then no minor mineral i.e., sand was found loaded on the

          tractor, as such, the instant FIR was not instituted under the

          Mines Act.

                       5. Learned Special P.P. for the State vehemently
               Patna High Court CR. APP (SJ) No.523 of 2026(2) dt.07-07-2026
                                                            3/3




                         opposes the appeal and submits that from perusal of the

                         allegations as alleged in the FIR, it would manifest that tractor

                         was found carrying illegal sand and when the police reached the

                         place of occurrence and seized the tractor, people gathered and

                         thereafter they assaulted the police force and even abused the

                         informant by taking caste name and freed the tractor and fled

                         with the same. It is thus submitted that since tractor could not be

                         seized at the place of occurrence, hence it appears that the sand

                         was unloaded subsequently. It is also submitted that the

                         appellant is an accused in the instant FIR and being owner of the

                         tractor had interest in freeing the tractor from police custody. It

                         is also submitted that if privilege of anticipatory bail is granted

                         that will lower the moral of the police force.

                                      6. Considering the submission made by the learned

                         Spl. PP, the Court is not inclined to extend the privilege of

                         anticipatory bail to the appellant.

                                      7. Hence, the appeal stands rejected.



                                                    (Satyavrat Verma, J)
rajesh/-

U          T


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