Patna High Court
Chamru YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 115(2), 121(1), 121(2), 126(2), 127(2), 132, 190, 191(2), 191(3), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r), 3(i)(s)
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
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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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