Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The appellate court set aside the Special Court's order and granted bail to the appellants, noting that the specific allegations were against a co‑accused not before this appeal.
Summary
The appellants, six Yadavs from Uchaila village, appealed against an order dated 26‑09‑2025 of the Special Court (SC/ST) in Sasaram which dealt with offences under the BNS and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the informant was abused and his wife assaulted, but the specific allegation of abuse was directed at a co‑accused, Rajesh Yadav, who was not before this appeal. The appellants contended that they were falsely implicated due to village politics and that a counter‑case had been filed by the informant’s side. The Special Public Prosecutor opposed bail but acknowledged that the charge pertained only to the co‑accused. The Patna High Court held that, since the specific allegations did not relate to the appellants, the order of the Special Court was set aside and bail was granted to the appellants subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023. The appeal was allowed.
Issues considered
- Whether the order of the Special Court should be set aside when the specific allegations are against a co‑accused not before the appellate court
- Whether the appellants are entitled to bail under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the allegations
- Whether the provisions of Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are applicable
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- BNS — s. 115(2), 117(2), 191(2), 303(2), 329(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- false implication
- village politics
- co‑accused
- Section 482
- criminal procedure
- scheduled castes and tribes
- appellate jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4535 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- ROHTAS District- Rohtas
======================================================
1. Shankar Yadav S/O Mahaveer Yadav R/O Village- Uchaila, P.S and Distt.-
Rohtas.
2. Amarjeet Yadav @ Amarjeet Kumar S/O Vinod Yadav R/O Village- Uchaila,
P.S and Distt.- Rohtas.
3. Rohan Yadav @ Rohan Kumar S/O Ram Bachan Yadav R/O Village-
Uchaila, P.S and Distt.- Rohtas.
4. Pramod Yadav @ Pramod Singh S/O Ganesh Yadav R/O Village- Uchaila,
P.S and Distt.- Rohtas.
5. Bittu Yadav @ Bittu Kumar S/O Shankar Yadav R/O Village- Uchaila, P.S
and Distt.- Rohtas.
6. Badi Yadav @ Surybali Kumar S/O Rajendra Yadav R/O Village- Uchaila,
P.S and Distt.- Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Mithun Paswan S/O Rajvanshi Paswan R/O Village- Uchaila Nagar
Panchayat Rohtas, P.S and Distt.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajesh Kumar Singh, Advocate
For the State : Mr.Binay Krishna, Special PP
For respondent No.2 : Mr. Bharat Bhushan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 16-04-2026 Heard learned counsel appearing for the appellants
and the learned Special Public Prosecutor for the State.
However, none appeared on behalf of respondent no. 2, despite
the fact that, upon issuance of notice, respondent no. 2 has
already filed vakalatnama.
2. The present appeal has been filed by the appellants
seeking grant of bail and setting aside the order dated
Patna High Court CR. APP (SJ) No.4535 of 2025(3) dt.16-04-2026
2/4
26.09.2025 passed by the learned Special Court, SC/ST (POA),
Sasaram, Rohtas, in connection with Rohtas P.S. Case No. 145
of 2025, registered for the offences punishable under Sections
115(2), 117(2), 329(2), 303(2), 352, 351(2), 191(2) of the BNS
and Sections 3(2)(va), 3(1)(s), and 3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
3. As per the prosecution case, the FIR has been
instituted against nine accused persons with general and
omnibus allegations of abuse and assault. It is specifically
alleged against co-accused Rajesh Yadav that he abused the
informant in the name of caste and assaulted the informant’s
wife with a lathi, causing injuries. There are also allegations of
criminal intimidation.
4. Learned counsel for the appellants submits that the
appellants are innocent and have been falsely implicated. It is
contended that the informant and the appellants are co-villagers
and known to each other, and due to village politics, both case
and counter-case have been lodged. It is further submitted that
all family members and relatives have been roped in with
general and omnibus allegations, whereas specific allegations of
abuse and assault are only against co-accused Rajesh Yadav,
Patna High Court CR. APP (SJ) No.4535 of 2025(3) dt.16-04-2026
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who is not an appellant herein. It is also submitted that the
appellants’ side had earlier lodged a case alleging that the
informant’s side had taken Rs. 5,000/- on the pretext of
facilitating benefits for house construction, which led to a
scuffle between both sides, and in retaliation, the present case
has been instituted. The appellants are stated to have clean
antecedents.
5. Learned Special Public Prosecutor opposes the
prayer for bail but fairly submits that the specific allegation is
against co-accused Rajesh Yadav, who is not an appellant before
this Court.
6. Considering the facts and circumstances of the
case, particularly that the specific allegations are against co-
accused Rajesh Yadav and not against the present appellants,
and that there exists a case and counter-case arising out of the
same occurrence, the order dated 26.09.2025 passed by the
learned Special Court, SC/ST (POA), Sasaram, Rohtas, in
connection with Rohtas P.S. Case No. 145 of 2025 is hereby set
aside. Let the above-named appellants be released on bail, in the
event of their arrest or surrender before the Trial Court within a
period of four weeks from today, on furnishing bail bond of
₹30,000/- (Rupees Thirty Thousand only) each, as mentioned in
Patna High Court CR. APP (SJ) No.4535 of 2025(3) dt.16-04-2026
4/4
Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita,
2023, to the satisfaction of the learned Special Judge SC/ST
(POA), Sasaram, Rohtas, in connection with Rohtas P.S.
Case No. 145 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023.
7. Accordingly, the Appeal stands allowed.
(Dr. Anshuman, J)
Ashwini/-
U T
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