Patna High Court
Sonu Kumar @ Bijali Yadav @ Sonu Yadav @ BijaliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is entitled to bail.
Summary
The appellant, Sonu Kumar, was convicted in a 2021 case for assault with an iron rod, knife, and pistol, charged under multiple IPC sections, the Arms Act and the SC/ST (Prevention of Atrocities) Act. He appealed the Additional Sessions Judge's order rejecting his bail, claiming he was falsely implicated and that the alleged offence lacked a caste motive, which is essential for liability under the SC/ST Act. The appellant also relied on a similar bail order granted to co‑accused Sridev Yadav in a related case. The State and the respondent opposed bail, but the High Court, after hearing all parties, found the appellant's arguments persuasive and noted the precedent. Consequently, the Court set aside the lower court’s order and directed that the appellant be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the appellant despite serious charges under the IPC, Arms Act and SC/ST Act.
- Whether the alleged assault qualifies as an offence under the SC/ST (Prevention of Atrocities) Act in the absence of a proven caste motive.
- Whether the precedent of bail granted to co‑accused Sridev Yadav is applicable to the appellant's case.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 384
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- assault
- IPC
- Arms Act
- scheduled castes
- scheduled tribes
- criminal procedure
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2055 of 2025
Arising Out of PS. Case No.-96 Year-2021 Thana- GWALPARA District- Madhepura
======================================================
Sonu Kumar @ Bijali Yadav @ Sonu Yadav @ Bijali, S/O Late Maheshwar
Yadav, R/o Village- Bishwari (Bishari), P.S- Gwalpara, District- Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Santu Kumar Ram @ Santu Kumar, S/O Late Shyam Lal Ram, R/o Village-
Bishwari, ward no. 4, P.S- Gwalpara, District- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pawan Kumar, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
For the respondent no.2 : Mr. Nagendra Upadhay, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 28-01-2026 Heard learned counsel for the appellant, learned
counsel for the respondent and learned Special Public
Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 07.04.2025 passed by learned Court of
Additional Sessions Judge 1st-cum- Special Judge, SC/ST
(POA) Act, Madhepura whereby the prayer for bail of the
appellant in connection with Gwalpara P.S. Case No. 96 of 2021
under Sections 147, 148, 149, 341, 323, 324, 384, 307 and 302
of the I.P.C., Section 27 of the Arms Act and Sections 3(2)
(v)/3(2)(va) of SC/ST Act was rejected.
3. The case of the prosecution, in short, is that the
Patna High Court CR. APP (SJ) No.2055 of 2025(4) dt.28-01-2026
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appellant and one other, namely, Sridev Yadav have assaulted
with iron rod and knife to the father of respondent in his thigh
and on chest. They were also armed with pistol and knife.
4. It is submitted by learned counsel for the appellant
that appellant is innocent and he has been falsely implicated in
this case. The allegation against the appellant is general and
omnibus. It has further been submitted that if the insult or
occurrence is not caused to the victim or respondent on the
basis of caste, no case is made out under the SC/ST Act. It has
also been submitted that appeal of co-accused Sridev Yadav who
is having similar nature of allegation has been allowed by
learned Co-ordinate Bench vide order dated 21.06.2024 passed
in Cr. Appeal (SJ) No. 3108 of 2023 and the case of this
appellant stands on similar footing. The appellant is languishing
in judicial custody since 20.11.2024.
5. The appeal for bail is vehemently opposed by
learned Spl. P.P. for the State and learned counsel for the
respondent. Learned counsel for the respondent has also
conceded that the case of this appellant stands on similar footing
with that of Sridev Yadav.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. APP (SJ) No.2055 of 2025(4) dt.28-01-2026
3/3
inclined to allow this appeal. Accordingly, the appeal is allowed
and the impugned order dated 07.04.2025 passed in connection
with Gwalpara P.S. Case No. 96 of 2021 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Gwalpara P.S. Case No. 96 of 2021 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Court of Additional Sessions Judge 1st-cum- Special
Judge, SC/ST (POA) Act, Madhepura.
(Ashok Kumar Pandey, J)
lata/-
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