Patna High Court
Kameshwar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
The appellant, Kameshwar Yadav, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for allegedly firing weapons, assaulting an informant, and stealing a tractor. The trial court denied his bail application, citing the seriousness of the offences and his prior criminal record. On appeal, the appellant argued that he was falsely implicated, that the alleged assault did not involve using the informant's caste name, and that bail should be granted on parity with a co‑accused who had already been released. The High Court considered the lack of evidence of a caste‑based insult, the appellant’s custody duration, and the principle of parity, and found no justification to keep him in custody. Consequently, the Court set aside the lower court’s order and granted bail on a bond of Rs. 15,000 with two sureties. The appeal was therefore allowed.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the alleged conduct constitutes an offence under the SC/ST Act, given that the informant's caste name was not used in public.
- Whether the principle of parity with a co‑accused who has been granted bail warrants granting bail to the appellant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 191(2), 329(3), 351(2), 351(3), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
Subjects
- bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- parity principle
- caste based offence
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2941 of 2025
Arising Out of PS. Case No.-147 Year-2024 Thana- Banma Itahari District- Saharsa
======================================================
Kameshwar Yadav Son of Ashok yadav Resident of village - Parsaha, Po-
Jamal Nagar, Ps- Salkhua (Banma Ithahri), Dist- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Sulo Sada son of Chandradeo Sada Village- Harahari, Ps- Banka Itahri, Dist-
Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Rashmi Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
For the Informant : Mr. Mukesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 03.07.2025 passed by learned Additional
District and Sessions Judge-I-cum-Special Judge, SC/ST Act,
Saharsa whereby the prayer for bail of the appellant in
connection with Banma Itarhi P.S. Case No. 147 of 2024 under
Sections 126(2), 115(2), 109, 329(3), 191(2), 352, 351(2) &(3)
of the Bharatiya Nyaya Sanhita, 2023 and Section 3(i)(r)(s) of
SC/ST Act was rejected.
3. The prosecution case, in short, is that the accused,
Patna High Court CR. APP (SJ) No.2941 of 2025(4) dt.29-01-2026
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armed with weapons, created terror by firing in the air, assaulted
the informant, forcibly took a tractor, and fled away.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Learned counsel further submitted that the allegation against the
appellant and one Sunil Yadav is of assaulting the informant
with the butt of the rifle. Learned counsel further submitted that
the appellant is being dragged in this case merely due to
previous dispute between the parties. 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. Charge-sheet has been submitted in this case.
The appellant is in custody since 05.05.2025 and has three
criminal antecedents. The co-accused person has already been
granted bail by a coordinate Bench of this Court vide order
dated 21.08.2025 passed in Cr. Appeal (SJ) No. 1946 of 2025.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. APP (SJ) No.2941 of 2025(4) dt.29-01-2026
3/3
of the case, claim based on parity 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
03.07.2025 passed by learned Additional District and Sessions
Judge-I-cum-Special Judge, SC/ST Act, Saharsa in connection
with Banma Itarhi P.S. Case No. 147 of 2024 is hereby set
aside.
7. Let the appellant, abovenamed, 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
Banma Itarhi P.S. Case No. 147 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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