Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
Manoj Yadav was arrested in connection with an alleged assault and caste‑based abuse at a public gathering, charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The exclusive special judge denied his bail application. Yadav appealed, contending that the charge‑sheet contained only vague, omnibus allegations and that he had not used the victim's caste name in public, thus no offence under the SC/ST Act was made out. The State opposed bail, emphasizing the seriousness of the offences and the appellant's prior criminal record. The Patna High Court, invoking the principle of parity with a co‑accused who had been granted bail, set aside the lower court’s order and granted bail on condition of a cash bond and sureties. The decision rested on the lack of specific evidence linking Yadav to the caste‑based insults and the need for equal treatment of similarly situated accused.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the offences alleged.
- Whether the allegations against the appellant satisfy the requirements of the SC/ST (Prevention of Atrocities) Act.
- Whether the principle of parity with a co‑accused who was granted bail mandates granting bail to the appellant.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 126, 190, 191(2), 351(2), 352, 74, 75
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- SC/ST Act
- caste violence
- parity principle
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4184 of 2025
Arising Out of PS. Case No.-361 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Manoj Yadav Son of Tileshwar Yadav Resident of Village - Sudhani, P.S.-
Wazirganj, District - Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Charitar Paswan Son of Late Mungeshwar Paswan Resident of village -
Sudhani, P.S.- Wazirganj, District - Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anil Kumar Saxena, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 26.08.2025 passed by learned Exclusive
Special Judge, SC/ST, Gayaji whereby the prayer for bail of the
appellant in connection with Wazirganj PS Case No. 361 of
2025 instituted under Sections 191(2), 190, 126, 115, 109, 74,
75, 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023, Section
27 of the Arms Act and Sections 3(1)(r), 3(1)(s) of SC/ST Act
was rejected.
3. Prosecution case, in short, is that the informant
alleged that on 06.06.2025, DJ was playing and some women
Patna High Court CR. APP (SJ) No.4184 of 2025(3) dt.22-01-2026
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were dancing near the Devi Asthan, in the meantime, the
appellant and co-accused persons along with 10 unknown
persons came there and started abusing by calling their caste
name and they also stopped the DJ and started assaulting the
informant. When the informant’s wife came to rescue him, she
was also assaulted and caused a head injury. When the
informant’s sister and the daughter-in-law came to rescue, they
were also brutally assaulted by the accused persons.
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.
There is no specific allegation against the appellant, rather the
allegation against the appellant is general and omnibus. 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 10.06.2025 and has three criminal antecedents.
Similar co-accused has been granted bail by a Coordinate Bench
of this Court vide order dated 25.09.2025 passed in Cr. Appeal
(S.J.) No. 3839 of 2025.
Patna High Court CR. APP (SJ) No.4184 of 2025(3) dt.22-01-2026
3/3
5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity and the period of custody
undergone by the petitioner, this Court is inclined to allow this
appeal. Accordingly, the appeal is allowed and order dated
26.08.2025 passed by learned Exclusive Special Judge, SC/ST,
Gayaji is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Wazirganj PS Case
No. 361 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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