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Patna High Court

Sushil KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted, setting aside the order that rejected the bail petition.

Summary

The appellants, three Yadav brothers, were charged with assaulting an informant and his family using lathi‑danda and allegedly using caste slurs, under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. Their regular bail petition was rejected by the District and Additional Sessions Judge. The appellants contended they were falsely implicated, that the incident was a spontaneous fight among children, that they did not use caste names publicly, and that they had no prior criminal record. The State and the informant opposed bail. The Patna High Court, after considering the facts, the lack of clear evidence of a caste‑based offence, and the period of custody, allowed the appeal, set aside the lower court’s order, and granted bail with conditions. The bail order required a bond of Rs.15,000 with two sureties and imposed standard conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

  • Whether the appellants are entitled to bail despite the charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the alleged use of caste name constitutes an offence under the SC/ST Act.
  • Whether the circumstances of the incident justify the grant of bail.

Legislation cited

Subjects

  • bail
  • assault
  • caste discrimination
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • high court appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4483 of 2025
                      Arising Out of PS. Case No.-165 Year-2025 Thana- MALI District- Aurangabad
                 ======================================================
           1.     Sushil Kumar S/O Rajendra Yadav R/O Village- Moti Bigha, P.S.- Mali,
                  District- Aurangabad

           2.    Manoj Kumar Yadav @ Manoj Yadav S/O Late Jagroop Yadav R/O Village-
                 Moti Bigha, P.S.- Mali, District- Aurangabad

           3.    Mahendra Yadav S/O Nathun Yadav R/O Village- Moti Bigha, P.S.- Mali,
                 District- Aurangabad

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    The State of Bihar
           2.    Shivpujan Ravidas S/O Dhaneshar Ravidas R/O Vill.- Sigri Dhamani, P.s.-
                 Mali, Dist.- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Rakesh Singh, Advocate
                 For the informant       :        Mr. Pramendra Kumar Singh, Advocate
                 For the Respondent/s    :        Mr.Binay Krishna, S.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   12-02-2026                 Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant/Respondent No. 2 and perused the case diary.

                               2. The instant appeal has been filed by the appellants

                   against the order dated 09.10.2025 passed by District and Addl.

                   Sessions Judge-I-cum- Special Judge (SC/ST, Children, NDPS),

                   Aurangabad, whereby the prayer for bail of the appellants in

                   connection with Regular Bail Petition No. 1086 of 2025, arising
Patna High Court CR. APP (SJ) No.4483 of 2025(3) dt.12-02-2026
                                             2/4




          out of Mali P.S. Case No. 165 of 2025, under Sections 109,

          126(2), 191(2), 191(3), 190, 115(2), 118(1), 352, 351(2), 351(3)

          of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r)(s) and

          3(2)(va) of the SC/ST Act was rejected.

                       3. Prosecution case, in short, is that appellants along

          with other other co-accused have assaulted the informant and

          his other family members by means of lathi-danda. They also

          abused them by taking their caste name.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. He

          further submitted that for the same occurrence appellant no.1

          has lodged Mali P.S. Case No. 166 of 2025. He further

          submitted that the appellant No.1 and Appellant No.3 have also

          sustained injury in this case. The grandfather of appellant no.1

          died on 08.08.2025 by drawing in river for which Sanha was

          given on 16.08.2025, but his dead body was reached after 22

          days i.e. on 30.08.2025 so the entire family members of the

          appellant had gathered in village for last rights and only on

          account of fight among children while playing both sides

          entered into free fight injuring both sides. Learned counsel for

          the appellants further submits that the appellants have not taken
Patna High Court CR. APP (SJ) No.4483 of 2025(3) dt.12-02-2026
                                             3/4




          the caste name of the informant in public view. Hence, no

          offence under the provisions of SC/ST Act is made out against

          them. The appellants have no intention to disgrace the image of

          the informant in public view. The appellants are in custody since

          01.09.2025 and have no criminal antecedent. He further

          submitted that appellants’ side also sustained injuries in the

          alleged occurrence.

                       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 09.10.2025

          passed by District and Addl. Sessions Judge-I-cum- Special

          Judge (SC/ST, Children, NDPS), Aurangabad, in connection

          with Regular Bail Petition No. 1086 of 2025, arising out of Mali

          P.S. Case No. 165 of 2025, is hereby set aside.

                     7. Let the appellants 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 Mali P.S. Case No.
           Patna High Court CR. APP (SJ) No.4483 of 2025(3) dt.12-02-2026
                                                        4/4




                     165 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be the Appellants’ own or

                     close member.

                                  (II) The Appellants shall appear on each and every

                     date fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                  (III) The Appellants shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                     In case of violation of any of the aforesaid

                     conditions, the Trial Court shall be at liberty to cancel the bail

                     bonds of the Appellants.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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