Created by Fuzzy Cloud

Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.