Patna High Court
PADDU YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellant with conditions.
Summary
Paddu Yadav appealed to the Patna High Court against the trial court's refusal to grant bail in a case under the SC/ST Act and IPC offences of murder, abetment of suicide and criminal conspiracy. The appellant argued that his bail had been repeatedly cancelled despite his claim of non‑appearance due to livelihood reasons and that there was no fault on his part. The trial court had cancelled his bail, issued a non‑bailable warrant and arrested him. The High Court examined whether the bail cancellation was justified under the SC/ST Act and the Criminal Procedure Code. Finding no sufficient ground to deny bail, the Court set aside the trial court’s order and granted bail on condition of a Rs.10,000 bond with two sureties and regular appearance. The appeal was therefore allowed.
Issues considered
- Whether the trial court erred in refusing bail to the appellant under the SC/ST Act, 1989.
- Whether the appellant’s alleged misuse of bail justifies denial of bail under Section 82 of the Cr.P.C.
- Whether the offences under IPC Sections 302, 201, 120(B) and SC/ST Act Section 3(2)(r) preclude grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 120(B), 201, 302
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(r)
Subjects
- bail
- SC/ST Act
- misuse of bail
- IPC
- murder
- criminal conspiracy
- Criminal Procedure Code
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3884 of 2025
Arising Out of PS. Case No.-72 Year-2015 Thana- SURYAGARHA District- Lakhisarai
======================================================
Paddu Yadav S/o Ramjee Yadav R/o vill - Kharra, P.S.- Surajgarha, Distt.-
Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Suma Devi W/o Late Mannu Tanti R/o vill - Kharra, P.S.- Suryagarha,
Distt.- Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mayank Bilochan, Advocate
For the Complainant : Mr. Pramod Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 27.08.2025 in SC/ST Case
No. 274 of 2017 passed by the learned D.A.S.J.- 1 st, Lakhisarai
in connection with Suryagarha P.S. Case No. 72 of 2015
registered for the offences punishable under Sections 302, 201
& 120(B) of the Indian Penal Code as well as Section 3(2)(r) of
the SC/ST Act.
3. Learned counsel for the appellant submits that it is
Patna High Court CR. APP (SJ) No.3884 of 2025(5) dt.22-01-2026
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a case of misuse of bail. The appellant was all along on bail due
to non-appearance and non-pairvi of this appellant. On
16.05.2025 the bail bond was cancelled and NBW was issued
against the appellant. On 15.07.2025, the process of Section 82
Cr.P.C. was also issued. The appellant was arrested on
30.08.2025. From perusal of the order of the learned trial court
it transpires that earlier also the appellant has jumped the
privilege of bail and his bail was cancelled on 06.05.2022 and
on that day witness was present.
4. Learned counsel for the appellant has further
submitted that as the appellant was all along on bail and he has
gone somewhere to earn his livelihood no pairvi was done by
the concerned pairvikaar. There is no fault of this appellant and
has also submitted that he will not jump the privilege of bail in
future.
5. In view of the submissions made by the learned
counsel for the appellant, the order dated 27.08.2025 in SC/ST
Case No. 274 of 2017 passed by the learned D.A.S.J.- 1st,
Lakhisarai in connection with Suryagarha P.S. Case No. 72 of
2015 is hereby set aside and the appellant above-named, be
released on bail with the condition that the appellant shall be
present on each and every date till the disposal of the case on
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furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned court of D.A.S.J.- 1st, Lakhisarai in connection with
Suryagarha P.S. Case No. 72 of 2015.
6. Accordingly the appeal stands allowed.
7. Before parting, it is very strange that a Judicial
Officer in the cadre of ADJ has rejected the bail of misuse. It
seems he is unaware of his jurisdiction or he does not know
to exercise his jurisdiction. He should introspect.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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