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Patna High Court

Rahul YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted and set aside the lower court’s order refusing bail.

Summary

The appellants, Rahul Yadav and Sonu Yadav, were charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly conspiring to fraudulently obtain a sale deed, trespassing, ransacking property and threatening the informant by invoking her caste. They contended that the FIR was lodged three weeks after the alleged incident without a satisfactory explanation and that the case stemmed from a pre‑existing land dispute, asserting no public use of the informant’s caste name. The Special Public Prosecutor and the informant opposed bail, arguing that the offences under the SC/ST Act were established. The High Court considered the delay in filing the FIR, the absence of any public caste‑based insult, and the appellants’ lack of prior criminal record. Finding that the lower court’s refusal to grant bail was not justified, the Court set aside the order and allowed the appeal. Consequently, the appellants were released on bail upon furnishing the prescribed bond and sureties.

Issues considered

  • Whether the appellants are entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the alleged conduct constitutes an offence under the SC/ST Act given no public use of the caste name.
  • Whether the three‑week delay in lodging the FIR warrants denial of bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • fraud
  • conspiracy
  • criminal trespass
  • delay in FIR
  • land dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3933 of 2025
                       Arising Out of PS. Case No.-51 Year-2024 Thana- SC/ST District- Madhubani
                 ======================================================
           1.     Rahul Yadav S/O Lal Yadav R/vill- Sapta, P.S- Rahika, Distt- Madhubani,
                  Bihar.
           2.    Sonu Yadav S/O Phuldeo Yadav R/vill- Sapta, P.S- Rahika, Distt-
                 Madhubani, Bihar.
                                                                 ... ... Appellant/s
                                           Versus
           1.    The State of Bihar
           2.     Ram Sunder Devi W/O Late Vinay Das R/O Village- Sapta, P.S- Rahika,
                  Dsitt.- Madubani, Bihar.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Madhuri Kumari, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 For the Informant       :        Mr. Amresh Kumar Sinha, Advocate
                                                  Mr. Vikramaditya, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   22-01-2026                 Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                              2. The instant appeal has been filed by the appellants

                   against the order dated 27.08.2025 passed by learned Additional

                   Sessions Judge-1 cum Special Judge, SC/ST Act, Madhubani

                   whereby the prayer for bail of the appellants in connection with

                   GR No. 109 of 2024, Madhubani SC/ST P.S. Case No. 51 of

                   2024 under Sections 191(2), 191(3), 126(2), 119, 115(2), 76,

                   333, 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections

                   3(1)(r), 3(1)(s), 3(1)(f), 3(1)(w)(1), 3(2)(va) of SC/ST Act was
Patna High Court CR. APP (SJ) No.3933 of 2025(4) dt.22-01-2026
                                             2/3




          rejected.

                      3. The prosecution case, in short, is that the appellants,

          in conspiracy with other accused persons, taking advantage of

          the weak mental condition of the informant’s Scheduled Caste

          son, fraudulently got a sale deed executed without payment of

          consideration and thereafter abused the informant by taking the

          name of her caste, criminally trespassed into her house,

          ransacked household articles and threatened her.

                      4. Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. Learned counsel further submitted that there is a

          delay of about three weeks in lodging the FIR without any

          plausible explanation, which in itself, raises doubt over the

          prosecution story. Learned counsel further submitted that the

          appellants are being dragged in this case merely due to previous

          land dispute. He further contended that title suit is pending

          between the parties and the same is annexed as Annexure –P/3

          to the present bail application. Learned counsel for the

          appellants further submits that the appellants have 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

          appellants have no intention to disgrace the image of the
           Patna High Court CR. APP (SJ) No.3933 of 2025(4) dt.22-01-2026
                                                        3/3




                     informant in public view. The appellants are in custody since

                     27.08.2025 and have no criminal antecedent.

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

                     have vehemently opposed the prayer for grant of bail to the

                     appellants.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     appellants, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 27.08.2025

                     passed by learned Additional Sessions Judge-1 cum Special

                     Judge, SC/ST Act, Madhubani in connection with G.R. No. 109

                     of 2024, Madhubani SC/ST P.S. Case No. 51 of 2024 is hereby

                     set aside.

                                  7. Let the appellants, abovenamed, be released on

                     bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of Court below/concerned Court in connection with

                     GR No. 109 of 2024, Madhubani SC/ST P.S. Case No. 51 of

                     2024.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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