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Patna High Court

Nandan Kumar @ Nandan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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