Patna High Court
Sajjan yadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
In the absence of a specific allegation against the appellant and given the circumstances, bail must be granted, setting aside the lower court's refusal.
Summary
The appellant, Sajjan Yadav, appealed against the denial of bail in a case involving alleged murder and caste-based assault under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the informant's son was killed by co‑accused who fired at him, but the FIR did not specifically allege that the appellant fired the weapon. The appellant's counsel argued that there was no specific charge against him, the FIR was delayed, and no caste insult was made in public, thus no offence under the SC/ST Act. The State and the informant opposed bail. The High Court, noting the lack of specific allegation and the appellant's prolonged custody, allowed the appeal, set aside the lower court’s order, and granted bail with conditions.
Issues considered
- Whether bail can be granted when the charge sheet does not specifically allege the appellant's participation in the firing.
- Whether the delay in lodging the FIR and the absence of a public caste insult negate the applicability of the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant's custody period and criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(s)
Subjects
- bail
- SC/ST Act
- Arms Act
- Bharatiya Nyaya Sanhita
- caste violence
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3301 of 2025
Arising Out of PS. Case No.-402 Year-2024 Thana- BELDOUR District- Khagaria
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Sajjan yadav Son of Late Anelal Yadav Resident of village - Kainjri, Ps-
Beldour, dist- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Lilam Devi Wife of Deepnarayan Ram Resident of village - Kainjri, Ward
no. 10, Ps- Baldour, Dist- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Rashmi Jha, Advocate
For the State : Mr. Binay Krishna, SPP
For the Informant : Mr. Rajesh 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 22.02.2025 passed by learned District &
Additional Sessions Judge-I-cum-Special Judge, SC/ST Act,
Khagaria whereby the prayer for bail of the appellant in
connection with Beldour PS Case no. 402 of 2024 instituted
under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita,
2023, Section 27 of the Arms Act and Sections 3(2)(v) & 3(i)(s)
of SC/ST Act was rejected.
3. The prosecution case, in short, is that on
Patna High Court CR. APP (SJ) No.3301 of 2025(4) dt.29-01-2026
2/3
18.11.2024 at about 11:00 PM, the informant’s son Chotu
Kumar (aged about 19 years) was going to see the ‘Kartik
Purnima’ fair when he was surrounded by the named accused
and others, abused by caste name, and assaulted. It is alleged
that co-accused Mankhush Yadav fired at Chotu Kumar, causing
a head injury which resulted in his death on the spot.
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 mainly submits that from bare
perusal of the F.I.R., it would be evident that there is no specific
allegation of firing attributed upon the appellant, rather the same
is upon co-accused, namely, Mankhush Yadav. There is delay of
two days in lodging the FIR. There is general and omnibus
allegation against the appellant. 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. The appellant is in custody since 22.01.2025 and
has four criminal antecedents.
5. Learned Special P.P. for the State and the informant
Patna High Court CR. APP (SJ) No.3301 of 2025(4) dt.29-01-2026
3/3
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 appellant,
this Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and order dated 22.02.2025 passed by learned
District & Additional Sessions Judge-I-cum-Special Judge,
SC/ST Act, Khagaria 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 Beldour PS Case no.
402 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the appellant.
(II) The appellant shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the appellant.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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