Patna High Court Grants Anticipatory Bail in Landmark SC/ST Act Case

Court Rules No Absolute Bar on Anticipatory Bail When Prima Facie Offense Not Established

In a significant ruling, the Patna High Court has granted anticipatory bail to Lal Babu Yadav alias Lal Kishore Yadav, reversing an earlier decision by the Additional Sessions Judge-I-cum-Special Judge, SC/ST, Bhojpur, Ara. The court found that the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, were not substantiated with sufficient evidence.

Presiding Judge, Mr. Sanjay Kumar Singh, highlighted that Section 18 of the SC/ST Act does not impose an absolute ban on granting anticipatory bail if a prima facie offense is not evident. The case stemmed from allegations of cheating and casteist slurs linked to a land transaction where the appellant was accused of fraudulently receiving money and threatening the informant with derogatory remarks.

During the proceedings, the appellant's counsel, Mr. Bibhakar Tiwary, argued that the case was civil in nature and that the accusations lacked specifics and public verification, essential under the SC/ST Act. The court agreed, noting the absence of material evidence indicating a prima facie offense.

Furthermore, the court acknowledged the Supreme Court's guidelines in Sushila Aggarwal v. State (NCT of Delhi), emphasizing the necessity of reasonable apprehension of arrest in granting anticipatory bail. The Patna High Court's decision underscores the importance of evidence in maintaining the balance between protecting SC/ST communities and safeguarding individual rights.

This judgment sets a precedent in similar cases, reinforcing the principle that anticipatory bail can be granted when allegations are vague and unsupported by concrete evidence.

Bottom Line:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 does not impose an absolute bar on granting anticipatory bail if a prima facie case under the Act is not made out. Allegations of casteist slur and threats must be substantiated with details and evidence indicating public view. Anticipatory bail can be granted considering the nature of the case, gravity of allegations, and absence of criminal history.

Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 Sections 18, 14-A(2); Indian Penal Code Sections 323, 341, 420, 467, 468, 471, 504, 506, 34, 120B; Code of Criminal Procedure, 1973 Section 438

Lal Babu Yadav @ Lal Kishore Yadav v. State of Bihar Patna, (Patna) : Law Finder Doc Id # 2812072