Patna High Court
BHEEM YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to appellant no.2 but denied to appellant no.1.
Summary
The appeal challenged a lower court order that denied anticipatory bail to Bheem Yadav and Arjun Yadav, who were charged under several IPC sections and the SC/ST Act for alleged molestation, assault, and caste-based abuse. The prosecution alleged that appellant 1 molested the informant's daughter and both appellants assaulted the informant and his wife using caste slurs. The appellants contended they were innocent, argued the allegations were vague, and highlighted their clean antecedents. The High Court found the accusations against appellant 1 sufficiently serious to deny bail, but, considering appellant 2's clean record, ordered bail on condition of surrender within eight weeks and posting of bond. Consequently, the appeal was allowed for appellant 2, the lower court's order was set aside for him, and the appeal was disposed.
Issues considered
- Whether anticipatory bail should be granted to appellant no.1 under the charges of molestation, assault and caste-based offences.
- Whether anticipatory bail should be granted to appellant no.2 given the nature of the accusations and his clean antecedent.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 341, 354, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST Act
- assault
- molestation
- caste discrimination
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.955 of 2024
Arising Out of PS. Case No.-132 Year-2023 Thana- DURAULI District- Siwan
======================================================
1. Bheem Yadav Son Of Ramnath Yadav Resident Of Village - Rampur, Police
Station - Darauli, District - Siwan
2. Arjun Yadav Son Of Ramnath Yadav Resident Of Village - Rampur, Police
Station - Darauli, District - Siwan
... ... Appellant/s
Versus
1. The State of Bihar
2. Dhengar Manjhi Son Of Late Hita Manjhi Resident Of Village - Rampur,
Police Station - Darauli, District - Siwan
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sailendra Kumar Dwivedi, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
09.01.2024 passed by learned 1st Additional District & Sessions
Judge-cum-Special Court, Siwan in ABP No. 2844 of 2023
arising out of Darauli P.S. Case No. 132 of 2023, registered
under Sections 341, 323, 324, 354, 379, 504, 506 of the Indian
Penal Code and Section 3(1)(r)(s) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.955 of 2024(5) dt.02-04-2026
2/3
prayer for anticipatory bail of appellants has been rejected.
4. As per prosecution case, appellant no. 1 molested
and misbehaved with the daughter of informant. When
informant went to confront, all the F.I.R. named accused
persons, including appellant no. 2 abused him by caste name
and assaulted informant and his wife.
5. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence.
Allegation of assault is general and omnibus. There is no
allegation of any specific overt act against these appellants. It is
not the case of informant that any member of public was present
at the alleged place of occurrence and as such, no case under
SC/ST Act is made out against the appellants. Appellants claim
clean antecedent.
6. Learned Spl. Public Prosecutor appearing for the
State vehemently opposes the prayer for bail application and
submits that there is specific accusation that appellant no. 1
molested and misbehaved with the daughter of informant.
7. Considering the nature and gravity of accusation, I
do not find any ground to interfere with the order of the learned
court below with regard to appellant no. 1 and as such, the
appeal, which has been filed for grant of anticipatory bail, is
Patna High Court CR. APP (SJ) No.955 of 2024(5) dt.02-04-2026
3/3
hereby rejected with regard to appellant no. 1.
8. Considering the nature of accusation and clean
antecedent, let the appellant no. 2, as named above, in the event
of his arrest/surrender within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 1st Additional District &
Sessions Judge-cum-Special Court, Siwan in ABP No. 2844 of
2023 arising out of Darauli P.S. Case No. 132 of 2023.
9. Accordingly, this criminal appeal is allowed with
regard to appellant no. 2 and impugned order dated 09.1.2024 is
set aside with respect to this appellant only.
10. This appeal is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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