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Patna High Court

Bali Yadav @ Rambali YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal was disposed with a direction for the appellants to surrender before the trial court, effectively denying anticipatory bail.

Summary

The appellants, six Yadavs, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for an alleged assault, caste abuse, robbery and threats that occurred on 27 October 2023. The trial court rejected their anticipatory bail application. In appeal, the appellants argued that the FIR implicated a person named Sudhir, not them, that the police investigation exonerated them, and that no specific allegation of assault was made against several of them. The Special Public Prosecutor and the informant contended that cognizance had been taken, a prima facie case existed and Section 18 of the SC/ST Act barred anticipatory bail. The Patna High Court, after condoning a 93‑day delay, was inclined to grant anticipatory bail but held that because cognizance had been taken, the appeal was disposed with a direction for the appellants to surrender before the trial court on 1 May 2026, which will then decide the matter.

Issues considered

  • Whether anticipatory bail can be granted to the appellants when cognizance has been taken under the SC/ST (Prevention of Atrocities) Act.
  • Whether Section 18 of the SC/ST Act bars anticipatory bail in the present facts.
  • Whether the police’s final exonerating report can defeat the trial court’s cognizance and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • Section 18
  • police exoneration
  • IPC offences
  • scheduled caste atrocities

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.681 of 2026
                      Arising Out of PS. Case No.-530 Year-2023 Thana- CHANDAUTI District- Gaya
                 ======================================================
           1.     Bali Yadav @ Rambali Yadav S/o Late Kailash Yadav R/o Village - Dumra
                  P.s- Chandauti , District -Gaya jii
           2.    Balo Yadav S/o Late Kailash Yadav R/o Village - Dumra P.s- Chandauti ,
                 District -Gaya jii
           3.    Lal Babu Yadav S/o Late Kailash Yadav R/o Village - Dumra P.s-
                 Chandauti , District -Gaya jii
           4.    Sujeet Yadav S/o Yamuna Yadav R/o Village - Dumra P.s- Chandauti ,
                 District -Gaya jii
           5.    Arjun Yadav S/o Ram Bilash Yadav R/o Village - Dumra P.s- Chandauti ,
                 District -Gaya jii
           6.    Mantu Yadav @ Mantu Kumar S/o Arjun Yadav R/o Village - Dumra P.s-
                 Chandauti , District -Gaya jii

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Bipin Kumar S/o Binod Chaudhary R/o Village - Dumra P.s- Chandauti ,
                 District -Gaya jii

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Brijmohan Das
                 For the Respondent/s    :       Mr.Sadanand Paswan
                                                 Mr.Ritesh Kumar
                                                 Mr.Narain Singh
                                                 Mr.Sanjeev Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-04-2026                 1. Heard the learned counsel for the appellants, the

                   learned Special Public Prosecutor for the State and the learned

                   counsel appearing on behalf of the informant.

                               2. The delay of 93 days in filing the appeal is hereby

                   condoned.

                               3. The appellants have challenged the order dated
Patna High Court CR. APP (SJ) No.681 of 2026(3) dt.23-04-2026
                                             2/4




          31.07.2025 passed by the learned Exclusive Special Judge,

          SC/ST Act, Gaya in connection with ABP No.201 of 2025

          arising out of Chandauti P. S. Case No.530 of 2023, instituted

          for the offences under Sections 341, 323, 307, 379, 504, 506, 34

          of the Indian Penal Code and Section 3(1)(r)(s),3(2)(va) of the

          Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

          Act, 1989, whereby their prayer for grant of anticipatory bail

          has been rejected.

                       4. The learned counsel appearing on behalf of the

          appellants submits that appellant nos.1, 2, 5 and 6 have

          antecedent of one case and appellant nos.3 and 4 are persons

          with clean antecedent and the informant alleges that on

          27.10.2023 at 3.30 P.M., he was going to his village from Gaya

          when accused persons intercepted him and Sudhir abused him

          by taking caste name and gave orders to kill, thereafter Sudhir

          assaulted him by lathi on ribs, on alarm his villagers came when

          Sudhir assaulted Binod Chaudhary by rod on his head causing

          injury on head, thereafter, Mantu assaulted Akash by lathi

          causing injury near his ear, while Arjun snatched Rs.2,000/-

          from his pocket and Balo fired and threatened. Further, the

          injured were brought to the hospital.

                       5. The learned counsel for the appellants submits that
Patna High Court CR. APP (SJ) No.681 of 2026(3) dt.23-04-2026
                                             3/4




          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that there is

          allegation against Sudhir, but Sudhir is not the appellant in the

          instant appeal and allegation of abuse is general and omnibus in

          nature. It is further submitted that no specific allegation of

          assault is alleged against appellant nos.1, 3 and 4 though against

          appellant no.2, it is alleged that he fired, but then no one was

          injured nor the case has been instituted under the Arms Act. It is

          next submitted that allegation against the appellant no.5 Arjun

          Yadav is ornamental i.e. of snatching Rs.2,000/- and Mantu is

          alleged to have assaulted Akash by lathi. It is further submitted

          that police after threadbare investigation came to a considered

          conclusion that appellants are innocent and thus submitted final

          form, but the learned Trial Court differing with the police report

          in a mechanical manner took cognizance. It is thus submitted

          that one investigating agency after threadbare investigation

          came to a considered conclusion that appellants are innocent

          whether it would be prudent for the Court to send the appellants

          to jail based on an order of cognizance which came to be taken

          based on the same police report which had exonerated the

          appellants of the allegations.
               Patna High Court CR. APP (SJ) No.681 of 2026(3) dt.23-04-2026
                                                            4/4




                                      6. The learned Special P.P. as well as the learned

                         counsel appearing on behalf of the informant opposes the appeal

                         and submits that since cognizance has been taken, as such,

                         prima facie case is made out, hence Section 18 of the SC/ST

                         (POA) Act would apply.

                                      7. After hearing the learned counsel for the parties,

                         the Court was inclined to grant the privilege of anticipatory bail

                         to the appellants, but since cognizance has been taken, as such,

                         the appeal is disposed of with a direction to the appellants to

                         surrender before the learned trial Court on 01.05.2026, if the

                         appellants surrender on 01.05.2026, the learned trial Court shall

                         consider and dispose of the same on the same day keeping in

                         mind the fact that the police after investigation submitted final

                         form exonerating of the allegations as alleged in the FIR.

                                      8. The appeal stands disposed off with the aforesaid

                         direction.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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