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Patna High Court

Shivanand YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/5




          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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