Patna High Court
Nitish YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appellate court set aside the lower court’s order denying bail and allowed the appeal, granting bail to the appellants.
Summary
Nitish Yadav and Gokul Yadav were charged under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST Act for allegedly firing at an informant and her family and using caste-based slurs. The trial court rejected their bail application and ordered continued custody. The appellants contended that they were falsely implicated, that the allegations were vague, and that no specific overt act could be linked to them, nor were the ingredients of the SC/ST Act satisfied. The Special Public Prosecutor opposed bail. The Patna High Court, after reviewing the record, found no specific overt act attributable to the appellants and concluded that the prima facie requirements of the SC/ST Act were not met. Consequently, the court set aside the lower court’s order, allowed the appeal, and granted bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the appellants can be granted bail pending trial.
- Whether the specific elements of the SC/ST Act are satisfied against the appellants.
- Whether the prosecution has established a specific overt act attributable to the appellants.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
- SC/ST Act — s. 3(i)(r)(s)
Subjects
- bail
- SC/ST Act
- caste-based insult
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- appellate jurisdiction
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4591 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Nitish Yadav S/O Jamun Yadav R/O Village- Mali Ward No. 5, P.S- Bedaur,
Distt.- Khagaria, Bihar.
2. Gokul Yadav S/O Sikendar Yadav R/O Village- Mali Ward No. 5, P.S-
Bedaur, Distt.- Khagaria, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Geeta Devi W/O Ramdeo Ram R/O Village- Mali Ward No.5, P.S- Bedaur,
Distt.- Khagaria, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate
Ms. Seema Kumari, Advocate
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 27-04-2026 Seen the Office Notes.
2. From the tracking report, it appears that notice has
been validly served upon Respondent No. 2. However, no one
appears on behalf of Respondent No. 2 despite such valid
service.
3. Heard learned counsel for the appellants and
learned Special Public Prosecutor for the State.
4. The present appeal has been preferred against the
order dated 14.10.2025 passed by the learned District and
Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act,
Khagaria in connection with Beldaur P.S. Case No. 202 of 2025,
registered for the offences punishable under Sections 126(2),
Patna High Court CR. APP (SJ) No.4591 of 2025(5) dt.27-04-2026
2/3
115(2), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and
Section 3(i)(r)(s) of the SC/ST Act, whereby the prayer for bail
of the appellants has been rejected.
5. As per the prosecution case, the appellants, along
with other co-accused persons, are alleged to have fired at the
informant and her family members and also abused them by
taking the name of their caste.
6. Learned counsel for the appellants submits that the
appellants are innocent and have been falsely implicated in the
present case. It is further submitted that there is no specific
allegation against either of the appellants and the allegations are
general in nature. It is also submitted that there is no allegation
of intentional insult or intimidation with intent to humiliate the
informant in any place within public view so as to attract the
provisions of the SC/ST Act. It is further submitted that the
appellants are in custody since 03.10.2025 and have no criminal
antecedent.
7. Learned Special Public Prosecutor for the State has
opposed the prayer for bail.
8. Having considered the submissions of the parties
and on perusal of the materials available on record, it appears
Patna High Court CR. APP (SJ) No.4591 of 2025(5) dt.27-04-2026
3/3
that no specific overt act has been attributed to either of the
appellants. Further, the essential ingredients to attract the
provisions of the SC/ST Act prima facie do not appear to be
made out against the appellants, and it is also noted that no one
sustained any injury.
9. Accordingly, the impugned order dated 14.10.2025
passed by the learned District and Additional Sessions Judge-
1st-cum-Special Judge, SC/ST Act, Khagaria in connection with
Beldaur P.S. Case No. 202 of 2025 is set aside and the appeal is
allowed.
10. Let the appellants be released on bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Beldaur P.S. Case No. 202 of 2025.
11. It is made clear that the observations made herein
are prima facie in nature and confined only to the adjudication
of the present appeal for bail and shall not be construed as an
expression on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…