Sajjan Yadav @ Sajan Yadav @ Sanjay YadavversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4651 of 2025
                   Arising Out of PS. Case No.-2 Year-2024 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Sajjan Yadav @ Sajan Yadav @ Sanjay Yadav S/o Late Uttimlal Yadav @
                 Late Utimalal Yadav R/o Village - Kolhua, Ward No. 17, P.S - Shankarpur,
                 District - Madhepura
                                                                        ... ... Appellant/s
                                                  Versus

           1.    The State of Bihar
           2.    Baby Kumari W/o Santosh Rajak R/o Village - Kolhua, Ward No. 17, P.S -
                 Shankarpur, District - Madhepura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Pawan Kumar, Advocate
                 For the Respondent/s   :       Ms.Usha Kumari 1, S.P.P.
                                                Mr. Ranjay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-02-2026                 Heard learned counsel for the appellant, Ms. Usha

                   Kumari, 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 appellant

                   against the order dated 17.10.2025 passed by learned Addl.

                   Sessions Judge-I-cum- Special Judge, SC/ST POA Act,

                   Madhepura, whereby the prayer for bail of the appellant in

                   connection with SC/ST No. 35 of 2024, arising out of

                   Shankarpur P.S. Case No. 02 of 2024, under Sections 341, 323,

                   379, 354(A), 504, 506, 376 and 511/34 of the I.P.C. and Section
Patna High Court CR. APP (SJ) No.4651 of 2025(4) dt.12-02-2026
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          3(i)(r)(s)(w)(z), 3(2)(va) of SC/ST (POA) Act, was rejected.

                       3. Prosecution case, in short, is that the appellant

          along with other co-accused persons are said to have assaulted

          the informant and her husband and abused them by taking their

          caste name.

                       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 under

          sections 341, 323, 354, 504, 506, 34 of the I.P.C. and section

          3(i)(r)(s)(w)(z), 3(2)(va) of SC/ST (POA) Act. He further

          submitted that the present case is counter blast of Shankarpur

          P.S. Case No. 01 of 2024 lodged by the mother of the appellant.

          There is land dispute between the parties for which father of the

          appellant filed Title Suit No. 05 of 2015. There is no specific

          allegation against the appellant and allegations are general and

          omnibus in nature. 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 30.08.2025 and has two

          criminal antecedents. Similar co-accused have been granted bail
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                     by a co-ordinate Bench of this Court vide order dated

                     12.08.2025 passed in Cr. Appeal (S.J.) No. 2747 of 2024.

                                  5. Learned Special P.P. for the State and the informant

                     have vehemently opposed the prayer for grant of bail to the

                     appellant.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     appellant, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 17.10.2025

                     passed by learned Addl. Sessions Judge-I-cum- Special Judge,

                     SC/ST POA Act, Madhepura, in connection with SC/ST No. 35

                     of 2024, arising out of Shankarpur P.S. Case No. 02 of 2024, is

                     hereby set aside.

                                  7. Let the appellant be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with SC/ST No. 35 of

                     2024, arising out of Shankarpur P.S. Case No. 02 of 2024.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T