Patna High Court
Mitthu Yadav @ Mitthu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court allowed the appeal, set aside the order rejecting anticipatory bail, and granted bail to the appellant subject to conditions.
Summary
The appellant, Mitthu Yadav, was charged under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several IPC sections for allegedly assaulting an informant and his brothers with caste‑based slurs and physical violence. He applied for anticipatory bail, which was rejected by the Special Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court examined the appellant’s clean antecedent, the three‑day delay in filing the FIR, the nature of the injuries, and a prior decision granting bail to a co‑accused in a similar case. The Court held that the alleged caste abuse did not occur in a public place and therefore did not attract the rigours of the SC/ST Act, and that the delay and injury severity were insufficient to deny bail. Consequently, the Court set aside the lower court’s order and granted anticipatory bail subject to standard conditions.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the alleged caste‑based verbal abuse falls within the ambit of the SC/ST Act given the circumstances of the incident.
- Whether the three‑day delay in lodging the FIR and the nature of injuries affect the grant of anticipatory bail.
- Whether the precedent of bail granted to a co‑accused in a similar case is applicable.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 504, 506
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- delay in FIR
- clean antecedent
- public place requirement
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.713 of 2025
Arising Out of PS. Case No.-5 Year-2024 Thana- SC/ST District- Khagaria
======================================================
Mitthu Yadav @ Mitthu Kumar S/O Ashok Yadav R/O Village- Nanku
Mandal Tola, P.S- Muffasil Khagaria, Distt.- Khagaria.
... ... Appellant/s
Versus
1. The State of Bihar
2. Prabhakar Kumar S/O Yogendra Paswan R/O Village- Nanku Mandal Tola,
P.S- Muffasil Khagaria, Distt.- Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 25-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor appearing for the State. Although the
notice has been validly served upon respondent No.2, there is no
representation on his behalf.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
19.12.2024 passed by learned District and Additional Sessions
Judge-1st-cum-Special Judge (SC/ST), Khagaria, in A.B.P. No.
82 of 2024 in connection with SC/ST P.S. Case No. 05 of 2024,
registered under Sections 341, 323, 307, 504 506/34 of the
I.P.C. read with Sections 3(1)(r)(s) and 3(2)(v) of Scheduled
Patna High Court CR. APP (SJ) No.713 of 2025(5) dt.25-02-2026
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Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, whereby the prayer for grant of anticipatory bail of the
appellant has been rejected.
3. As per the prosecution case, on 16.02.2024 the
informant, namely, Prabhakar Kumar went to a shop to buy
some items. Upon reaching the shop, he saw that the appellant
along with other co-accused persons were playing music on DJ
and shouting filthy caste-based slurs. When the informant
protested the same, then the appellant and the co-accused
persons along with 8-10 unknown miscreants armed with lathi
and danda abused the informant by calling his caste name.
When the brothers of the informant, namely, Diwakar Kumar
and Dinkar Kumar opposed the accused persons then all of them
started assaulting them with iron rod and butt of pistol due to
which they sustained injuries on the head and back. When the
informant came to rescue, he was also brutally assaulted due to
which he sustained head injury and became unconscious.
Thereafter, the injured were taken to the hospital for treatment.
It is also alleged that again on 18.02.2024 at about 7 P.M., 8-10
persons came to his house and threatened that if any case is
lodged they will be killed.
4. Learned counsel appearing for the appellant
Patna High Court CR. APP (SJ) No.713 of 2025(5) dt.25-02-2026
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submits that the appellant bears clean antecedent and is
innocent. It is further submitted that there is a delay of three
days in lodging the FIR without giving any plausible
explanation for the same. It has further been submitted that it
appears from the F.I.R. itself that there is general and omnibus
allegation levelled against the appellant to have assaulted the
informant and his brothers. As per the Annexure- 3, it is evident
that the injury sustained by the injured is simple in nature.
Moreover, the co-accused, namely, Mithu Yadav has already
been granted the privilege of anticipatory bail by a co-ordinate
Bench of this Court in Cr. Appeal (S.J.) No. 2502 of 2024 vide
order dated 22.08.2024 and the case of the appellant is similar to
that of the aforesaid co-accused. As regards allegation of abuse
with the caste name attracting the rigours of SC & ST Act is
concerned, it is not committed in a public place nor any 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 appellant 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 appellant.
Patna High Court CR. APP (SJ) No.713 of 2025(5) dt.25-02-2026
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6. Considering the entire facts and circumstances of
the case and the fact that the appellant bears clean antecedent
and the allegation does not appear to be within public view, let
the above named appellant in the event of his arrest/surrender
within a period of six weeks be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Sessions Judge-1st-cum-Special Judge (SC/ST),
Khagaria, in connection with SC/ST P.S. Case No. 05 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
impugned order dated 19.12.2024 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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