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Patna High Court

Ajay YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

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

Summary

The appellants, Ajay Yadav and Duly Yadav, were charged under several provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the BNS, 2023 for allegedly assaulting Gita Devi and others with rods and lathis, causing head injuries. They sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, arguing that they were falsely implicated and that a counter‑case had been filed against the informant. The Special Public Prosecutor opposed the bail, emphasizing the seriousness of the alleged offences and the appellants' prior criminal antecedent. The Patna High Court, after considering the submissions, held that the nature of the alleged caste‑based assault did not merit the privilege of anticipatory bail. Consequently, the court rejected the appeal and refused bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act in view of the alleged assault and prior criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • assault
  • criminal procedure
  • bail refusal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5252 of 2024
                        Arising Out of PS. Case No.-333 Year-2024 Thana- KONCH District- Gaya
                 ======================================================
           1.     Ajay Yadav S/O Duly Yadav @ Fulichand Yadav @ ili Yadav R/O Village-
                  Shahganj Lodipur, P.S- Konch,Dist.- Gaya.
           2.    Duly Yadav @ Fulichand Yadav S/O Late Kallur Yadav @ Late Kalut Yadav
                 R/O Village- Shahganj Lodipur, P.S- Konch,Dist.- Gaya.

                                                                                  ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Gita Devi W/O Domas Das R/O Village- Shahganj Lodipur, P.S-
                 Konch,Dist.- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Dhirendra Kumar Sinha
                 For the Respondent/s   :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   27-04-2026                 1. Heard learned counsel for the appellants and the

                   learned Special P.P.

                               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 21.09.2024 in ABP No.279/2024, passed by the

                   learned Exclusive Special Judge, SC/ST Gaya in connection

                   with Konch P.S. Case No. 333 of 2024 registered under Sections

                   126(2), 115(2), 109, 352, 3(5) of the BNS, 2023 as well as

                   Sections 3(1)(r), 3(i)(s) and 3(2)(v) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.5252 of 2024(5) dt.27-04-2026
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                       3. Learned counsel for the appellants submits that

          appellants have antecedent of one case and the informant alleges

          that on 10.08.2024 at 8 A.M. Duly Yadav (appellant no.2)

          started abusing her in front of his house, on protest, Ajay

          (appellant no.1) and Bharat assaulted her and Sunaina by rod

          causing injury on head, on alarm, Kunti Devi came when Duly

          Yadav assaulted her by lathi and accused persons abused by

          caste name.

                       4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is further submitted that from the side of the

          appellants Konch P.S. Case No.332/2024 has been instituted

          against the informant and her side It is further submitted that

          even from the side of the appellants, persons have suffered

          injury.

                       5. Learned Special Public Prosecutor opposes the

          prayer for anticipatory bail and submits that appellants have

          antecedent of one case and the informant who is a woman

          alleges that she was abused by Duly Yadav in front of his house

          and appellants are alleged to have assaulted informant and Kunti

          by rod and lathi causing injury. At this stage, the learned counsel

          appearing on behalf of the appellants submits that even
             Patna High Court CR. APP (SJ) No.5252 of 2024(5) dt.27-04-2026
                                                          3/3




                       presuming what has been alleged is true without admitting then

                       the injury suffered by the injured has been opined to be simple,

                       on which, the learned Special P.P. submits that appellants

                       assaulted woman and that too on head causing injury, as such,

                       the appellants do not deserve the privilege of anticipatory bail.

                                    6. Considering the submissions made by the learned

                       Special P.P., the Court is not inclined to extend the privilege of

                       anticipatory bail to the appellants.

                                    7. The appeal of the appellants is rejected.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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