Patna High Court
Vikas Kumar @ Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, with bail granted to the appellants.
Summary
The appellants, Vikas Kumar and Ashok Sah, were charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant Mamta Devi and her family at a Chhath Puja gathering. They contended that they were falsely implicated and that the case was a retaliatory complaint against a separate FIR they had filed. The trial court rejected their application for anticipatory bail, prompting this appeal. The High Court examined whether the allegations under the SC/ST Act were substantiated and whether the denial of anticipatory bail was justified. Finding the prosecution’s case weak and noting the possibility of false implication, the Court set aside the order refusing bail and directed that the appellants be released on bail upon furnishing a bond. The decision effectively granted anticipatory bail to the appellants pending further trial.
Issues considered
- Whether the appellants are entitled to anticipatory bail under the provisions of the Criminal Procedure Code.
- Whether the facts alleged constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the trial court erred in rejecting the bail application on the basis of the material presented.
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 3(5), 351(2), 352, 76
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(s), 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste discrimination
- false implication
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.925 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
1 . Vikas Kumar @ Vikash Yadav Son of Vishwanath Yadav Resident of
village- Union tola, Ward no. 03, ps- Jaynagar, Dist- Madhubani
2. Ashok Sah Son of Jugeshwar Sah Resident of village- Union tola, Ward no.
03, ps- Jaynagar, Dist- Madhubani
... ... Appellant/s
Versus
1. The State of Bihar
2. Mamta Devi Wife of Dheeraj Kumar paswan Resident of village- Union
tola, Ward no. 03, ps- Jaynagar, Dist- Madhubani
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vikas Kumar Jha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
For informant : Mr. Shailendra Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 14-05-2026 Heard learned counsel for the parties.
2. This appeal has been filed for setting aside order
dated 12.02.2026 passed in a case registered for the offence
punishable under sections 126 (2), 115 ( 2 ), 76, 352, 351 (2)
and 3 (5) of BNS and sections 3(i)(r), 3(1)(s) of the Scheduled
Castes and Scheduled Tribes Act, 1989, whereby the prayer for
anticipatory bail of the appellant has been rejected.
3. As per F.I.R. on 28.10.2025 at about 05:00 AM,
informant namely, Mamta devi along with her family members
had gone to Chhath Ghat, near Kamla Road Jaynagar for
performing Chhath Puja where appellant No. 1 Vikas Kumar
Patna High Court CR. APP (SJ) No.925 of 2026(3) dt.14-05-2026
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and co-accused Mukesh Yadav caught hand of daughter of
informant and misbehaved with her and when informant and
other co-accused persons confronted the same, then accused
persons abused them by caste name and also assaulted them, as
a result of which husband of informant namely Dheeraj Kumar
Paswan and her son namely Nikhil Kumar Paswan sustained
head injuries.
4. It is submitted on behalf of appellants that
appellants are innocent and has falsely been implicated in this
case. The present case is nothing but counterblast to Jaynagar
PS Case No. 376 of 2025 which was lodged by Appellant No. 1
Vikash Kumar himself on the very same day, i.e ,. 28.10.2025,
wherein he reported the assault perpetrated upon him by the
family members of informant. Allegation is general and
omnibus against these appellants. Rest of the allegations are
ornamental in nature to make the case grave. It is not the case
of the prosecution that any member of public was present at the
time of incident, as such, no case under SC/ST Act is made out.
5. Learned special Public Prosecutor as well as
learned counsel for respondent No. 2 opposed the bail.
6. Considering the aforesaid facts, this appeal is
allowed and the impugned order is set aside. Let the appellants,
Patna High Court CR. APP (SJ) No.925 of 2026(3) dt.14-05-2026
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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 the learned District and
Additional Sessions Judge – 1stcum special Judge ( SC/ST
Act ), Madhubani in connection with Jaynagar Police Station
Case No. 378 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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