Patna High Court
Shivanand YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the appeal and granted anticipatory bail to the appellants, setting aside the trial court’s refusal.
Summary
The appellants, four Yadav youths, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based abuse of an informant on 26 March 2024. They sought anticipatory bail, arguing they have clean antecedents, that the allegations against some of them are vague, and that imprisonment would jeopardize their futures. The Special Public Prosecutor opposed the bail, emphasizing the seriousness of the offences. The Patna High Court examined the specificity of the allegations, the applicability of the SC/ST Act, and the precedent of a partially allowed similar bail application. Finding the accusations against two of the appellants to be general and noting the potential hardship of custody, the Court set aside the trial court’s refusal and granted anticipatory bail with standard conditions. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the accused despite charges under serious IPC offences and the SC/ST Act.
- Whether the allegations against the appellants, particularly appellants 2 and 3, are sufficiently specific to deny bail.
- Whether the SC/ST Act provisions apply in the present factual scenario.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 14-A(2), 482(2)
- Indian Penal Code — s. 147, 149, 307, 323, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- IPC offences
- bail conditions
- scheduled castes
- scheduled tribes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.689 of 2025
Arising Out of PS. Case No.-20 Year-2024 Thana- SC/ST District- Bhojpur
======================================================
1. Shivanand Yadav S/O Nandji Yadav R/O Vill.- Motirampur, P.S.- Bihiya,
P.o.- Kalyanpur, Dist.- Bhojpur.
2. Bablu Yadav S/O Hridayanand Yadav R/O Vill.- Motirampur, P.S.- Bihiya,
P.o.- Kalyanpur, Dist.- Bhojpur.
3. Suraj Yadav S/O Hridayanand Yadav R/O Vill.- Motirampur, P.S.- Bihiya,
P.o.- Kalyanpur, Dist.- Bhojpur.
4. Nitish Kumar @ Nitish Yadav S/O Tilakdhari Yadav R/O Vill.- Motirampur,
P.S.- Bihiya, P.o.- Kalyanpur, Dist.- Bhojpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Raju Kumar S/O Rajendra Prasad R/O Vill.- Narayanpur, P.S.- Bihiya, Dist.-
Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Surekha Kumari, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 04-05-2026 1. Heard learned Senior counsel for the appellants, Sri
Krishna Prasad Singh and learned Spl. PP, Sri Binay Krishna.
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 03.02.2024 in A.B.P. No. 3058 of 2024 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Bhojpur at Ara in connection with SC/ST
Patna High Court CR. APP (SJ) No.689 of 2025(5) dt.04-05-2026
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P.S. Case No. 20 of 2024 registered for the offences punishable
under Sections 147, 149, 341, 323, 307, 504 and 506 of the
Indian Penal Code as well as Sections 3(1)(r), 3(1)(s) and 3(2)
(v) of the SC/ST Act.
3. The Investigating Officer of the case, in compliance
of the order dated 28.04.2026, is present in the Court.
4. Learned Senior counsel for the appellants submits
that appellants are persons with clean antecedent and appellant
nos. 2 and 3 are young boys aged about 24 years and 19 years. It
is also submitted that earlier Vikash Kumar Yadav along with
four others had approached this Court seeking anticipatory bail
by filing Cr. Appeal (SJ) No. 4907 of 2024 and the same came
to be allowed partly by an order dated 22-4-2026 after hearing
the learned counsel appearing on behalf of the informant. It is
further submitted that while allowing Cr. Appeal (SJ) No. 4907
of 2024 partly, the Court had considered the case on merits and
in detail.
5. It is further submitted that the informant alleges
that on 26.03.2024, at 08:30 a.m. cricket was being played in
between the village Narayanpur and Motipur in which a fight
ensued amongst the children but the dispute was settled, further
on the same day, in the evening at 06:00 p.m., the informant and
Patna High Court CR. APP (SJ) No.689 of 2025(5) dt.04-05-2026
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Ramji Ram were going to purchase grocery when the named
accused persons including the appellants intercepted them and
Pradip Kumar Yadav abused the informant by taking caste name
and assaulted by rod causing injury on head, while Vikash
Kumar assaulted the informant by knife causing injury on rib
and the informant fell down, thereafter Nitish Kumar Yadav
assaulted him causing injury on head, further Suraj Yadav
(appellant no. 3) assaulted the informant by rod causing fracture
of leg and Bablu Yadav (appellant no. 2) assaulted the informant
by rod causing fracture of right hand, thereafter all accused
assaulted and abused by taking caste name.
6. Learned Senior counsel for the appellants submits
that specific allegation of assault is alleged against appellant
nos. 2 and 3 and as far as appellant nos. 1 and 4 are concerned,
the allegation of assault against them is general and omnibus in
nature though Nitish (appellant no. 4) is alleged to have
assaulted the informant causing injury on head, but then the FIR
does not disclose that by what Nitish assaulted the informant. It
is further submitted that injury suffered by the informant on
account of assault by Bablu has been opined to be simple in
nature and the one suffered on account of assault by Suraj has
been opined to be grievous in nature, but then it is submitted
Patna High Court CR. APP (SJ) No.689 of 2025(5) dt.04-05-2026
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that on account of dispute amongst children while playing
cricket, the occurrence is alleged to have taken place. It is also
submitted that the occurrence did not take place on account of
the fact that informant belongs to the SC/ST category. It is next
submitted that even allegation of abuse is general and omnibus
in nature. It is further submitted that appellant nos. 2 and 3 ae
young boys and if they are sent to judicial custody, their entire
career would get jeopardized and chances are bright that they
may come in contact with hardened criminals. It is further
submitted that from side of the appellants also, Bihiya P.S. Case
No. 99 of 2024 has been instituted and Suraj also suffered injury
on account of assault.
7. Learned Special P.P. for the State opposes the
appeal.
8. In view of the submissions made by the learned
counsel for the appellants, the order dated 03.02.2024 in A.B.P.
No. 3058 of 2024 passed by the learned 1st Additional Sessions
Judge-cum-Special Judge S.C./S.T. (POA) Act, Bhojpur at Ara
in connection with SC/ST P.S. Case No. 20 of 2024, is hereby
set aside and the appellants above-named, in the event of their
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
Patna High Court CR. APP (SJ) No.689 of 2025(5) dt.04-05-2026
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5,000/- (Rupees Five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
SC/ST P.S. Case No. 20 of 2024 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
9. Accordingly, the appeal stands allowed.
10. The personal appearance of the Investigating
Officer of the case is dispensed with.
(Satyavrat Verma, J)
Rishabh/-
U T
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