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Patna High Court

Tuna YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, in the absence of a specific allegation under the SC/ST Act and given the appellant’s prolonged custody, bail must be granted, setting aside the lower court’s order.

Summary

The appellant, Tuna Yadav, was charged under multiple sections of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting a woman and later a group of persons, including the informant, on 4 February 2025. The prosecution alleged that Yadav, along with co‑accused, used obscene language, physical force, weapons and even fired a weapon, also snatching a gold locket. Yadav contended that he was falsely implicated, that the FIR did not specifically allege any offence by him under the SC/ST Act, and that he had no intention to disgrace the informant’s caste. The Special Public Prosecutor and the informant opposed bail, while the appellant’s counsel argued lack of specific allegation and the long period of custody already endured. The High Court, noting the absence of a specific charge against Yadav under the SC/ST Act and the duration of his pre‑trial detention, set aside the lower court’s order and granted bail on condition of a bond and sureties.

Issues considered

  • The existence of a specific allegation against the appellant under the SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant is entitled to bail despite multiple serious charges, considering the period of pre‑trial custody.
  • Whether the lower court's denial of bail was justified in view of the evidence presented.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • criminal procedure
  • false implication
  • pre‑trial detention
  • assault
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3248 of 2025
                        Arising Out of PS. Case No.-15 Year-2025 Thana- Dhobaha District- Bhojpur
                 ======================================================
                 Tuna Yadav Son of Deo nath yadav R/o Village - Salempur, P.S. - Dhobahan,
                 Dist. - Bhojpur.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Suraj Kumar Son of Bharat Ram R/o Village - Salempur, P.S. - Dhobaha,
                 Dist. - Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Manoj Kumar, Advocate
                                                   Mr. Rajiv, Advocate
                                                   Mr. Ranjan Kumar, Advocate
                 For the Respondent/s     :        Mr. Binay Krishna, SPP
                 For the Informant        :        Mr. Vishwanand Upadhyay, Advocate
                                                   Mr. Santosh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   15-01-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant. Perused the case diary.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 16.06.2025 passed by learned 1 st

                   Additional Sessions Judge-cum-Special Judge, SC/ST Act,

                   Bhojpur at Ara whereby the prayer for bail of the appellant in

                   connection with Dhobahan PS Case No. 15 of 2025 instituted

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 74, 109(1),

                   303(2), 352, 351(2)(3) of the Bharatiya Nyaya Sanhita, 2023,
Patna High Court CR. APP (SJ) No.3248 of 2025(3) dt.15-01-2026
                                             2/3




          Section 27 of the Arms Act and Sections 3(1)(r)(s) & 3(ii)(va)

          of SC/ST Act was rejected.

                  3.      Prosecution case, in short, is that on 04.02.2025 at

          about 2:30 P.M., appellant along with Bhim Yadav allegedly

          misbehaved with Tanu Kumari by using obscene language and

          pulling her arms when she protested while going to the field,

          and thereafter and when the informant and his family members

          went to enquire about the incident, appellant along with other

          accused persons abused them, which led to a violent assault by

          the co-accused armed with lathi, danda and iron rod, causing

          injuries to several persons, followed by firing by co-accused and

          snatching of a gold locket during the occurrence.

                  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.

          From perusal of the FIR, it would manifest that there is no

          specific allegation against the appellant and the same is

          attributed to other co-accused person. 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
           Patna High Court CR. APP (SJ) No.3248 of 2025(3) dt.15-01-2026
                                                        3/3




                     in public view. The appellant is in custody since 19.05.2025

                     and has two criminal antecedents.

                             5.      Learned Special P.P. for the State and the informant

                     have vehemently opposed the prayer for grant of bail to the

                     petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, there being no specific allegation against the

                     appellant and the period of custody undergone by the petitioner,

                     this Court is inclined to allow this appeal. Accordingly, the

                     appeal is allowed and order dated 16.06.2025 passed by learned

                     1st Additional Sessions Judge-cum-Special Judge, SC/ST Act,

                     Bhojpur at Ara is hereby set aside.

                             7.      Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dhobahan PS Case

                     No. 15 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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