Patna High Court

Narad Yadav @ Gulabchand YadavversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The appellate court set aside the order refusing bail and granted bail to the appellant.

Summary

Narad Yadav was charged with assault using a lathi that allegedly led to the death of the deceased, invoking Sections 103, 351(2), 351(3), 3(5) of the Bihar Non‑Applicable (BNS) Act and Section 3(2)(va) of the SC/ST (Prevention of Offences) Act. His bail application was rejected by the Additional Sessions Judge‑17‑cum‑Special Judge‑SC/ST, and he was kept in custody from 27‑03‑2025. The appellant contended that the assault did not cause the death, the post‑mortem was inconclusive, and the incident stemmed from a trivial dispute, warranting bail. The State opposed bail, insisting on the seriousness of the offences. The Patna High Court, considering the lack of clear causation, the short custody period, and the trivial nature of the dispute, set aside the lower court’s order and granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the appellant is entitled to bail pending trial for offences under Sections 103, 351(2), 351(3), 3(5) of the BNS Act and Section 3(2)(va) of the SC/ST (POA) Act.
Whether the assault with a lathi can be said to have caused the death, thereby attracting Section 103 of the BNS Act.

Subjects

bail
culpable homicide
assault
SC/ST (POA) Act
Section 103
criminal procedure
high court
appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2419 of 2025
                       Arising Out of PS. Case No.-177 Year-2025 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Narad Yadav @ Gulabchand Yadav S/o Late Hakari Yadav @ Hajari Yadav
                 R/o - Kurur Bal Chiksil bal, P.S - Karakat, District - Rohtas, Bihar

                                                                                    ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Pancharatan Mushahar S/o Late Kabildas Mushahar R/o vill - Kurur Bal
                 (Chiksil Bal), P.S. - Karakat, Distt.- Rohtas (Bihar)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Krishna Pd. Singh, Sr. Adv.
                                                  Mr.Vinay Kumar Mishra
                 For the Respondent/s     :       Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   23-04-2026                         Heard the parties.

                                2. Notice is treated to be served validly but none has

                   appeared on behalf of the opposite party no. 02.

                                3. The instant appeal has been filed by the appellant

                   against the order dated 16.05.2025 passed by the learned

                   Additional Sessions Judge-17-cum-Special Judge-SC/ST (POA)

                   Act, Sasaram, Rohtas whereby the bail application of the

                   appellant in connection with Karakat P.S. Case No. 177 of 2025

                   registered for the offence under Sections 103, 351(2), 351(3),

                   3(5) of the BNS and under Sections 3(2)(va) of SC/ST (POA)

                   Act, was rejected.

                                4. The appellant is said to have assaulted the deceased
Patna High Court CR. APP (SJ) No.2419 of 2025(5) dt.23-04-2026
                                             2/3




          with Lathi i.e. hard and blunt substance.

                       5. The appellant is in custody since 27.03.2025.

                       6. Learned senior counsel for the appellant has

          submitted that the appellant is innocent and has falsely been

          implicated in this case. He further submits that the occurrence

          has taken place on 18.03.2025 and the deceased died on

          22.03.2025 and no offence under the provisions of Section 103

          of the BNS is made out against the appellant. He next submits

          that from the FIR, it will appear that some abrasions are there on

          the body of the deceased and the cause of death has not been

          ascertained in the post-mortem report.

                       7. Learned Special P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellant.

                       8. Considering the facts of the case, the period of

          custody of the appellant, the fact that the incident has taken

          place for a trivial dispute and the gap between the date of

          incident and the date of death of deceased, this application is

          allowed and accordingly, the order dated 16.05.2025, is hereby

          set aside.

                       9. Let the appellant be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)

          with two sureties of the like amount each to the satisfaction of
          Patna High Court CR. APP (SJ) No.2419 of 2025(5) dt.23-04-2026
                                                       3/3




                    Court below/concerned Court in connection with Karakat P.S.

                    Case No. 177 of 2025.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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