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Patna High Court

Subhash Yadav @ Subhash kumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                          3/3




                       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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