Patna High Court

Satya Narayan YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: PRAVEEN KUMAR

Holding

The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellants subject to bond and surety conditions.

Summary

The appellants, a group of Yadavs, were charged under several IPC offences and Sections 3(1)(r)(s) of the SC/ST Act for allegedly assaulting an informant, his daughter‑in‑law and using caste‑based slurs on 6 May 2024. The trial judge rejected their application for anticipatory bail. The appellants contended they were innocent, the dispute stemmed from a land measurement issue, and that the prosecution were the aggressors, citing injuries to some appellants and lack of evidence of caste abuse. The State opposed bail, asserting active participation by the appellants. The High Court, considering the free‑fight nature, prior filing of a case by the appellants, and serious injuries to them, allowed the appeal, set aside the order denying anticipatory bail and granted bail subject to bond and surety conditions under Sections 482(2) and 438(2) of the CrPC. The decision rests on the discretion to prevent misuse of the SC/ST Act and ensure liberty while safeguarding the investigation.

Issues considered

Whether anticipatory bail should be granted to the accused under Section 14A of the CrPC in a case instituted under the SC/ST (Prevention of Atrocities) Act, 1989.
Whether the alleged caste‑based abuse and other offences warrant denial of bail.
Whether the presence of prior criminal antecedents and the nature of the dispute affect the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure — s. 438(2), 482(2)
Indian Penal Code — s. 147, 148, 149, 323, 324, 325, 326, 341, 354, 379, 448, 504, 506
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r)(s)

Subjects

anticipatory bail
SC/ST Act
caste based violence
assault
criminal antecedents
bail conditions
discretionary jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (SJ) No.5396 of 2024

        Arising Out of PS. Case No.-109 Year-2024 Thana- DULHIN BAZAR District- Patna
     ======================================================
1.    Satya Narayan Yadav S/O Ram Dhyan Yadav R/O Vill- Khapuri, P.S.Dulhin
      Bajar, District- Patna, Bihar.
2.   Mohan Yadav @ Lal Mohan Yadav S/o Ramashish Yadav Resident of Vill-
     Khapuri, P.S.Dulhin Bajar, and District- Patna, Bihar.
3.   Mithlesh Yadav S/o Late Shri Ramdhyan Yadav Resident of Vill- Khapuri,
     P.S.Dulhin Bajar, and District- Patna, Bihar.
4.   Lalan Yadav S/o Ramashish Yadav R/O Vill- Khapuri, P.S.Dulhin Bajar,
     District- Patna, Bihar.
5.   Chintu Yadav @ Harikant Kumar S/o Nagbanshi Yadav R/O Vill- Khapuri,
     P.S.Dulhin Bajar, District- Patna, Bihar.
6.   Biku Kumar @ Ashish Kumar S/O Satnaryan Yadav R/O Vill- Khapuri,
     P.S.Dulhin Bajar, District- Patna, Bihar.
7.   Shyam Yadav @ Shyam Kumar S/o Mithlesh Yadav R/O Vill- Khapuri,
     P.S.Dulhin Bajar, District- Patna, Bihar.
8.   Manbodha Yadav @ Manbodha Kumar S/o Mithlesh Yadav R/O Vill-
     Khapuri, P.S.Dulhin Bajar, District- Patna, Bihar.
9.   Nirmal Yadav @ Nirmal Kumar S/o Mithlesh Yadav R/O Vill- Khapuri,
     P.S.Dulhin Bajar, District- Patna, Bihar.
10. Atul Kumar @ Alok Kumar S/o o Mithlesh Yadav R/O Vill- Khapuri,
    P.S.Dulhin Bajar, District- Patna, Bihar.
11. Nitish Yadav @ Nitish Kumar S/o Lalan Yadav R/O Vill- Khapuri,
    P.S.Dulhin Bajar, District- Patna, Bihar.
12. Deepak Yadav @ Deepak Kumar S/o Lalan Yadav R/O Vill- Khapuri,
    P.S.Dulhin Bajar, District- Patna, Bihar.

                                                                     ... ... Appellant/s
                                          Versus
1.   The State of Bihar
2.   Ramdeo Paswan S/O Late Dhuri Paswan R/o Vill- Khapuri, P.O.- Sadavah,
     P.S.- Dulhin Bazar, Dist- Patna, Bihar

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr. Akash Deep, Advocate
     For the Respondent/s    :       Mr. Sadanand Paswan, Spl.P.P.
     ======================================================
         Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026
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                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                    ORAL ORDER

5   13-02-2026                     Heard learned counsel for the appellants and

                   learned Special Public Prosecutor appearing for the State.

                   Although vakalatnama has been filed on behalf of respondent

                   No.2, there is no representation on his behalf.

                                   2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   25.10.2024 passed by learned Exclusive Special Judge, SC/ST

                   Act, Patna (Sadar), in A.B.P. No. 4116 of 2024, in connection

                   with Dulhin Bazar P.S. Case No. 109 of 2024 dated 10.05.2024,

                   registered under Sections 147, 148, 149, 341, 323, 324, 325,

                   326, 354, 379, 448, 504 and 506 of the Indian Penal Code and

                   Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989, whereby the prayer for

                   grant of anticipatory bail of the appellants has been rejected.

                                   3. As per the prosecution case, the informant

                   alleged that on 06.05.2024 at about 12:30 P.M., the appellants

                   and the co-accused persons entered his house by pushing the

                   daughter-in-law and abused by taking his caste name. On

                   hearing hulla, the informant came then the co-accused Lal

                   Mohan Yadav assaulted on his head with iron rod and the
Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026
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          appellant No.6, Biku Kumar assaulted him with sword as a

          result of which he sustained head injury. Thereafter, all the

          accused persons started assaulting him with leg, sticks and

          danda, when his daughter-in-law came to rescue him, the

          appellant attacked her with an intention to kill. On halla, nearby

          people gathered then the appellants fled away by threatening.

                          4. Learned counsel for the appellants submits that

          the appellant Nos.1 and 2 have two criminal antecedents, the

          appellant Nos. 3 to 7 have one criminal antecedent and the rest

          of the appellants have no criminal antecedent. They are innocent

          and have not committed any offence. He further submits that the

          dispute is actually regarding the measurement of the land and

          the prosecution side were the aggressors, for which the

          appellants side have lodged Dulhin Bazar P.S. Case No 105 of

          2024 and from the said case, it would appear that the

          prosecution parties were the aggressors and several persons of

          the appellants side received injuries and in order to create the

          defence, the present case has been lodged. The medical report of

          appellant Nos. 1, 2 and 6 have been brought on record by way

          of Annexure-2, 3 and 4 of the present memo of appeal. As

          regards allegation of abuse with the caste name attracting the

          rigours of SC & ST Act is concerned, it is concocted one as no
Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026
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          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. Hence,

          the impugned order may be set aside and the appellants may be

          granted the privilege of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          has vehemently opposed the prayer for grant of anticipatory bail

          to the appellants and submitted that the appellants have actively

          participated in the present occurrence.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that there was free fight between the

          parties and the case of the appellants has been lodged prior to

          lodging the FIR by the informant side and there are serious

          injuries on the person of some of the appellants, let the above

          named appellants, in the event of their arrest/surrender within a

          period of six weeks, be released 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 learned Exclusive Special

          Judge, SC/ST Act, Patna (Sadar), in connection with Dulhin

          Bazar P.S. Case No. 109 of 2024 subject to the conditions laid

          down under Section 482(2) of the B.N.S.S/Section 438(2) of the

          Cr.P.C.

                       7. Accordingly, this appeal is allowed and the
           Patna High Court CR. APP (SJ) No.5396 of 2024(5) dt.13-02-2026
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                     impugned order dated 25.10.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-
U      T

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