Patna High Court
Nandan Kumar @ Nandan YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and bail is granted, setting aside the lower court’s order denying bail.
Summary
The appellant, Nandan Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly establishing a false relationship, using caste‑based slurs and blackmailing the informant. The trial court rejected his bail application. On appeal, the appellant contended that he did not publicly use the victim's caste name, that the victim is an adult married woman, and that the allegations are false. The Special Public Prosecutor opposed bail. Considering the facts, the High Court found that the appellant had already spent considerable time in custody and that the prosecution had not demonstrated a compelling reason to deny bail. Consequently, the appeal was allowed, the lower court’s order set aside, and bail was granted on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the alleged conduct constitutes an offence under Sections 3(1)(da) and 3(1)(dh) of the SC/ST Act.
- Whether the prosecution evidence justifies the denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126(2), 351(2), 351(3), 352, 75
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(da), 3(1)(dh)
Subjects
- bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- caste slur
- sexual assault allegation
- appeal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2497 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Nandan Kumar @ Nandan Yadav S/o Sajendra Yadav R/o vill - Khari, ward
no. 11, Tola, Rahta, P.S. - Murliganj, Distt.- Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Bulbul Devi W/o Dharmendra Ram R/o vill - Khari Tola, Rahta, P.S. -
Murliganj, Distt.- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Uday Chand Prasad, Advocate
Mr. Manoj Kumar, Advocate
Ms. Pooja Prasad, Advocate
For the Respondent/s : Mr.Binay Krishna, S.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 27.05.2025 passed by learned District
and Addl. Sessions Judge-1st-cum-Special Judge, SC/ST Act,
Madhepura, whereby the prayer for bail of the appellant in
connection with B.P. No. 1198 of 2025, arising out of Murliganj
P.S. Case No. 30 of 2025, under Sections 126(2), 352, 351(2),
351(3) 75 of the Bharatiya Nyaya Sanhita, 2023 and Section
3(1)(da), 3(1)(dh) of the SC/ST Act, was rejected.
Patna High Court CR. APP (SJ) No.2497 of 2025(5) dt.22-01-2026
2/3
3. Prosecution case, in short, is that Appellant on false
pretext of job establhsied physical relation with the informant,
when informant opposed then appellant used caste based slur
and blackmailed her.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. Learned counsel
further submitted that victim is major and a married lady. The
appellant denies the allegation of rape on the pretext of
providing job. The appellant is in custody since 12.04.2025 and
has one criminal antecedent.
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 27.05.2025
Patna High Court CR. APP (SJ) No.2497 of 2025(5) dt.22-01-2026
3/3
passed by learned District and Addl. Sessions Judge-1st-cum-
Special Judge, SC/ST Act, Madhepura, in connection with B.P.
No. 1198 of 2025, arising out of Murliganj P.S. Case No. 30 of
2025, is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Murliganj P.S. Case
No. 30 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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