Patna High Court
Santosh Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the trial court's orders rejecting anticipatory bail and directed that bail be granted to the appellants.
Summary
The appellants, including Santosh Yadav and others, were charged under multiple sections of the B.N.S. and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant's father‑in‑law and the informant herself on 17‑12‑2024. The trial court had rejected their applications for anticipatory bail. On appeal, counsel argued that the FIR contained only a generic, omnibus accusation against the appellants, with specific assault allegations directed at a co‑accused, and that the injuries were minor and no caste‑based abuse was alleged, rendering the SC/ST Act provisions inapplicable. The Special Public Prosecutor opposed bail. The Patna High Court held that the lack of specific allegations against the appellants and the nature of the injuries warranted setting aside the trial court's orders, and ordered that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- The adequacy of specific allegations against the appellants for conviction under the charged offences
- Whether the SC/ST (Prevention of Atrocities) Act applies in the absence of caste‑based abuse
- Whether anticipatory bail should be granted in view of the general nature of the accusations
Legislation cited
- B.N.S. — s. 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- SC/ST Act
- general accusation
- bail
- criminal appeal
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.887 of 2025
Arising Out of PS. Case No.-345 Year-2024 Thana- DULHIN BAZAR District- Patna
======================================================
Santosh Yadav @ Santosh Kumar Son of Ram Anuj Yadav @ Ramanuj Yadav
Resident of Village - Sarbadipur, Police Station - Dulhin Bazar, District -
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Kumkum Devi Wife of Ramakant Paswan Resident of Village - Sarbadipur,
Police Station - Dulhin Bazar, District - Patna
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 911 of 2025
Arising Out of PS. Case No.-345 Year-2024 Thana- DULHIN BAZAR District- Patna
======================================================
1. Manish Yadav @ Manish Kumar Son of Vidya Kumar @ Satya Yadav @
Satya Prasad. Resident of Village - Sarbadipur, Police Station- Dulhin Bazar,
Dist.- Patna
2. Vidya Kumar @ Satya Yadav @ Satya Prasad Son of Late Deo Chand
Yadav. Resident of Village - Sarbadipur, Police Station- Dulhin Bazar, Dist.-
Patna
3. Subhash Yadav Son of Rajdev Yadav. Resident of Village - Sarbadipur,
Police Station- Dulhin Bazar, Dist.- Patna
4. Golu Kumar @ Amarnath Yadav@ Amarnath Kumar Son of Nagendra
Yadav @ Narendra Prasad. Resident of Village - Sarbadipur, Police Station-
Dulhin Bazar, Dist.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Kumkum Devi W/O Ramakant Paswan Resident of Village - Sarbadipur,
Police Station- Dulhin Bazar, Dist.- Patna
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 887 of 2025)
For the Appellant : Dr. Manoj Kumar, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : None
(In CRIMINAL APPEAL (SJ) No. 911 of 2025)
Patna High Court CR. APP (SJ) No.887 of 2025(4) dt.16-04-2026
2/4
For the Appellants : Dr. Manoj Kumar, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-04-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. Since both these appeals arise out of the same P.S.
case, they are being taken up together and disposed of by this
common order.
4. These appeals have been filed for setting aside
orders dated 05.02.2025 passed in A.B.P. Nos. 216 of 2025 and
310 of 2025 arising out of a case registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 117(2), 74, 352 and 351(2) of the B.N.S. and Section
3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for grant of
anticipatory bail of these appellants has been rejected.
5. The prosecution case, in brief, is that on
17.12.2024, when father-in-law of the informant was going to
harvest paddy crops, in the meantime, all the F.I.R. named
accused persons, including these appellants, surrounded him and
Patna High Court CR. APP (SJ) No.887 of 2025(4) dt.16-04-2026
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started assaulting him as a result of which, he sustained injury
on his left eye. It is further alleged that when informant went to
save him, she was also assaulted by means of danda.
6. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against co-accused
Chandan Yadav. So far as these appellants are concerned, there
is general and omnibus nature of accusation and there is no
specific allegation of any overt act against them. Moreover,
doctor has found the injuries, allegedly caused by these
appellants, simple in nature. It is further submitted that there is
no allegation of abuse by caste name and as such, no case under
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against these appellants.
7. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellants.
8. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and nature of
injuries allegedly caused by these appellants, both these appeals
are allowed and the impugned orders dated 05.02.2025 passed
by the learned Exclusive Special Judge, S.C./S.T. Act, Civil
Patna High Court CR. APP (SJ) No.887 of 2025(4) dt.16-04-2026
4/4
Court (Sadar), Patna in connection with A.B.P. No. 310 of 2025
and A.B.P. No. 216 of 2025 arising out of Dulhin Bazar P.S.
Case No. 345 of 2024 is hereby set aside with respect to these
appellants only.
9. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged 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, S.C./S.T. Act, Civil Court
(Sadar), Patna in connection with Dulhin Bazar P.S. Case No.
345 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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