Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail.
Summary
The appellant, Upendra Yadav, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes (Prevention of Atrocities) Act for allegedly conspiring to fraudulently obtain a sale deed, abusing the informant by invoking her caste, trespassing, ransacking her house and threatening her. The Additional Sessions Judge had rejected his bail application, citing the seriousness of the offences. On appeal, the appellant argued innocence, highlighted a three‑week delay in filing the FIR, and contended that no caste‑based insult was made in public. The State and the informant opposed bail. The Patna High Court, after considering the delay, lack of prior criminal record and the pending land dispute, set aside the lower court’s order and granted bail on condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the alleged acts constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the three‑week delay in lodging the FIR warrants denial of bail.
- Whether the pending land dispute influences the criminal proceedings.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119, 126(2), 191(2), 191(3), 324(4), 333, 76
- Scheduled Castes (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(r), 3(1)(s), 3(1)(w)(1), 3(2)(va)
Subjects
- bail
- SC/ST Act
- fraud
- land dispute
- criminal procedure
- scheduled caste
- conspiracy
- trespass
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3969 of 2025
Arising Out of PS. Case No.-51 Year-2024 Thana- SC/ST District- Madhubani
======================================================
Upendra Yadav S/o Late Suraj Yadav R/vill- Mohanpur, P.S- Rajnagar, Distt-
Madhubani, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ram Sunder Devi W/o Late Vinay Das R/o vill - Sapta, P.S.- Rahika, Distt.-
Madhubani, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. 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
3 22-01-2026 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 27.08.2025 passed by learned Additional
Sessions Judge-1 cum Special Judge, SC/ST Act, Madhubani
whereby the prayer for bail of the appellant 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.3969 of 2025(3) dt.22-01-2026
2/3
rejected.
3. The prosecution case, in short, is that the appellant,
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 appellant submits that the
appellant is innocent and has 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
petitioner is 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 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
Patna High Court CR. APP (SJ) No.3969 of 2025(3) dt.22-01-2026
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view. The appellant is in custody since 27.08.2025 and has 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
appellant.
6. Considering the aforesaid facts and circumstances
of the case 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 27.08.2025
passed by learned Additional Sessions Judge-1 cum Special
Judge, SC/ST Act, Madhubani in connection with GR No. 109
of 2024, Madhubani SC/ST P.S. Case No. 51 of 2024 is hereby
set aside.
7. Let the appellant, abovenamed, 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
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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