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Patna High Court

Kishundev Yadav @ Kishun YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the lower court’s order refusing bail and granted bail to the appellant.

Summary

The appellant, Kishundev Yadav, appealed against the refusal of regular bail under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case stems from a murder allegation where the appellant claims he was falsely implicated and that the FIR was based merely on suspicion without any eyewitness testimony. The Special Public Prosecutor and the informant opposed bail, citing a similar pending case against the appellant, though the lower court had earlier acquitted him in a related matter. The High Court examined the material on record, found no substantive evidence linking the appellant to the crime, and imposed standard bail conditions including sureties and cooperation with the trial. Consequently, the Court set aside the lower court’s order refusing bail, granted bail on a Rs.10,000 bond with two sureties, and allowed the appeal.

Issues considered

  • Whether the refusal of regular bail under Section 14(A)(ii) of the SC/ST Act is justified in the present murder case.
  • Whether the appellant is entitled to bail despite the seriousness of the charges and a pending similar case.
  • Whether the lower court's order refusing bail can be set aside on the ground of lack of substantive evidence.

Legislation cited

Subjects

  • bail
  • Scheduled Castes and Scheduled Tribes Act
  • false implication
  • murder
  • criminal antecedent
  • court order set aside
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4511 of 2025
                     Arising Out of PS. Case No.-157 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Kishundev Yadav @ Kishun Yadav S/o- Chhotelal Yadav Village- Bari
                 Kothiya PS-Gangour District- Khagaria

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Punam Devi W/o- Mahgu Mochi @ Khonu R/v- Bari Kothiya W.No-2, Ps-
                 Gangour Dist-Khagaria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Vivekanand Singh, Advocate
                 For the Resp. No. 2     :        Mr. Amit Prakash, Advocate
                 For the State           :        Mrs. Usha Kumari 1, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   01-04-2026                     Heard Mr. Vivekanand Singh, learned counsel

                   appearing for the appellant, Mr. Amit Prakash, learned counsel

                   appearing on behalf of the Respondent No. 2 and Mrs. Usha

                   Kumari 1, learned Special Public Prosecutor for the State.

                                  2. This is an appeal under Sections 14(A)(ii) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act (hereinafter referred to as the “SC/ST Act”)

                   against the refusal of prayer for regular bail vide order dated

                   07.08.2025 passed by the learned Additional Sessions Judge

                   First-cum-Special Judge (SC/ST), Khagaria in connection with

                   Khagaria (Gangour) P.S. Case No. 157 of 2025, F.I.R. dated

                   15.05.2025 registered under Sections 103(1), 118(2), 303(2) of
Patna High Court CR. APP (SJ) No.4511 of 2025(4) dt.01-04-2026
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          the B.N.S., 2023 and Sections 3(2)(v) of the SC/ST Act.

                       3. The case relates to the murder of the husband of the

          informant.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and he has been falsely implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offence as alleged in the F.I.R. He further

          submits that from perusal of the F.I.R. it appears that the

          Respondent No. 2 has filed the present F.I.R. merely on the

          basis of suspicion and she is not an eye witness of the alleged

          occurrence and even no one has seen the alleged occurrence and

          except the suspicion, no other cogent material has come during

          investigation to suggest the involvement of the appellant in the

          present occurrence. He further submits that the police after

          investigation submitted chargesheet against the appellant and

          the appellant is in custody since 16.07.2025.

                       5. Learned Special Public Prosecutor for the State as

          well as learned counsel appearing on behalf of the Informant

          have vehemently opposed the prayer for bail of the appellant

          and submits that the appellant carries one more case of similar

          nature but fairly submits on the basis of paragraph-3 of the bail
Patna High Court CR. APP (SJ) No.4511 of 2025(4) dt.01-04-2026
                                             3/4




          petition that the appellant has been acquitted by the learned

          Court below itself.

                       6. Considering the facts and circumstances of the

          case, let the appellant, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional Sessions Judge First cum Special Judge (SC/ST),

          Khagaria in connection with Khagaria (Gangour) P.S. Case No.

          157 of 2025, with the following conditions :-

                       (1) Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the appellant tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at any

          stage, it is found that the appellant has concealed his criminal

          antecedent, the court below shall take step for cancellation of

          bail bond of the appellant. However, the acceptance of bail
               Patna High Court CR. APP (SJ) No.4511 of 2025(4) dt.01-04-2026
                                                            4/4




                         bonds in terms of the above-mentioned order shall not be

                         delayed for purpose of or in the name of verification.

                                        7. Accordingly, the impugned order is set aside and

                         this appeal stands allowed.



                                                                        (Rajesh Kumar Verma, J)
Ibrar//-

U          t


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