Patna High Court
Subhash Yadav @ Subhash kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order rejecting bail is set aside, with bail granted to the appellant.
Summary
The appellant Subhash Yadav appealed against the denial of bail by the District and Additional Sessions Judge, who had rejected his bail application under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(va) of the SC/ST Act in a murder case arising from a land dispute. The prosecution alleged that the appellant, along with co‑accused, assaulted and killed the husband of the informant. The appellant contended that he was falsely implicated, that the informant was not an eye‑witness, the death was accidental, and that no caste‑based insult occurred, rendering the SC/ST Act provisions inapplicable. The State opposed bail, but the High Court, noting the appellant's lack of prior criminal record and the lengthy custody, found merit in the bail petition. The Court set aside the lower court’s order and granted bail on condition of a Rs.15,000 bond with two sureties. Consequently, the appellant was released pending trial.
Issues considered
- Whether bail should be granted to the appellant under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act.
- Whether the alleged facts constitute an offence punishable under Section 3(2)(va) of the SC/ST Act.
- Whether the informant’s testimony qualifies as an eye‑witness and establishes a cognizable offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- murder
- land dispute
- caste discrimination
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3850 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- CHANDRADIP District- Jamui
======================================================
Subhash Yadav @ Subhash kumar son of Dhobi yadav Resident of Village-
Bhaluana, Ps- chandradeep, Dist- Jamui
... ... Appellant/s
Versus
1. The State of Bihar
2. Champa Devi Wife of Late Ram Lakhan Das Resident of Village- Bhaluana,
Ps- chandradeep, Dist- Jamui
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the O.P. No. 2 : Mr. Dharmesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, 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 26.08.2025 passed by learned District
and Additional Sessions Judge-1st-cum-Special SC/ST Act
Judge, Jamui whereby the prayer for bail of the appellant in
connection with Chandradeep P.S. Case No. 226 of 2024 under
Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 3(2)(va) of SC/ST Act was rejected.
3. Prosecution case, in short, is that the appellant
along with other co-accused persons are accused of assaulting
Patna High Court CR. APP (SJ) No.3850 of 2025(4) dt.15-01-2026
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and killing the husband of the informant due to land dispute.
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 also submits that the
allegation levelled against the appellant is general and omnibus
in nature. It is next submitted that the informant is not an eye
witness to the alleged occurrence. The deceased has died to due
to accident by vehicle. 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 02.07.2025 and has got
no criminal antecedent. Similar co-accused have been granted
anticipatory bail by a co-ordinate Bench of this Court vide order
dated 23.12.2025 passed in Cr. Appeal (S.J.) No. 3305 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
of the case and the period of custody undergone by the
Patna High Court CR. APP (SJ) No.3850 of 2025(4) dt.15-01-2026
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appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 26.08.2025
passed by learned District and Additional Sessions Judge-1st-
cum-Special SC/ST Act Judge, Jamui 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 Chandradeep P.S.
Case No. 226 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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