Patna High Court
Dilkhush YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Both appeals are allowed and the orders denying regular bail are set aside, with the appellants directed to be released on regular bail.
Summary
The High Court heard two criminal appeals arising from the same Dandari police case involving alleged murder and caste‑related verbal abuse. The appellants, Gaurav Kumar and Dilkhush Yadav, had been denied regular bail by the Exclusive Special Judge under charges including Sections 127(2), 103(1), 352/34 of the Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST Act. They contended that the allegations against them were vague, that no specific act of firing or caste‑based humiliation was proved, and therefore bail should be granted. The prosecution argued that the accused had participated in the offence and that the SC/ST Act provisions were attracted. After examining the record, the Court found that the specific act of shooting was attributed to another accused and that no overt act was linked to the appellants, leading to the conclusion that the lower court erred in denying bail. Consequently, both appeals were allowed, the orders denying bail were set aside, and the appellants were directed to be released on regular bail upon furnishing the prescribed bond.
Issues considered
- Whether the appellants are entitled to regular bail despite charges under the SC/ST Act and other criminal provisions.
- Whether the prosecution has made a specific allegation against the appellants sufficient to sustain a denial of bail.
- Whether the lower court erred in its application of bail law in the context of alleged caste‑based offences.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 127(2), 34, 352
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- regular bail
- SC/ST Act
- caste discrimination
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- murder
- caste slur
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5068 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Gaurav Kumar @ Gaurav Yadav Son of Indal Yadav R/o Village - Rajopur,
Ward No. 6, P.S. - Dandari, District - Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4654 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Dilkhush Yadav S/o Ram Ratan Yadav @ Ramratan Yadav @ Ramjatan
Yadav R/o vill, ward no. 2, Rajopur, Katarmala, P.S. - Dandari, Distt.-
Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Lalo Devi W/o Hareram Paswan R/o vill - Rajopur, ward no. 3, P.S.-
Dandari, Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 5068 of 2025)
For the Appellant/s : Mr. Sandip Kumar Gautam, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
(In CRIMINAL APPEAL (SJ) No. 4654 of 2025)
For the Appellant/s : Mr. Vinod Kumar Seth, Advocate
Mr. Arvind Kumar
For the Respondent/s : Mr. Binay Krishna, Spl. PP
For the Informant : Md. Mumtaj Uddin, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 These cases arise out of the same P.S. Case, i.e.,
Dandari P.S. Case No. 98 of 2025; therefore, they have been
heard together and are being disposed of by this common order.
2. Heard learned counsel for the appellants and
Patna High Court CR. APP (SJ) No.5068 of 2025(3) dt.10-04-2026
2/4
learned Special Public Prosecutor for the State as well as the
learned counsel for the informant.
3. Cr. Appeal (SJ) No. 5068 of 2025 has been
preferred by the appellant, Gaurav Kumar @ Gaurav Yadav,
against the order dated 18.10.2025, and Cr. Appeal (SJ) No.
4654 of 2025 has been preferred by the appellant, Dilkhus
Yadav, against the order dated 26.09.2025, both passed by the
learned Exclusive Special Judge, SC/ST Act, Begusarai, in
connection with Dandari P.S. Case No. 98 of 2025, registered
for the offences punishable under Sections 127(2), 103(1), and
352/34 of the Bharatiya Nyaya Sanhita, 2023, along with
Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST
Act, whereby the learned court below rejected the prayer of the
appellants for grant of regular bail.
4. As per the prosecution case, altogether ten persons
are alleged to have intercepted the deceased, after which one
Indal Yadav is said to have shot and killed him. The present
appellants are alleged to have, along with other co-accused
persons, verbally abused the informant and her husband with
caste-related slurs.
5. Learned counsel for the appellants submits that the
appellants are innocent and have been falsely implicated in this
Patna High Court CR. APP (SJ) No.5068 of 2025(3) dt.10-04-2026
3/4
case. It is further submitted that there is no specific allegation
against the appellants and the allegations are general and
omnibus in nature. It is also contended that the appellants did
not publicly mention the caste of the informant; hence, no
offence under the provisions of the SC/ST Act is made out
against them, and there was no intention on their part to
humiliate or disgrace the informant in public. It is further
submitted that appellant Gaurav Kumar @ Gaurav Yadav is in
custody since 08.10.2025 and appellant Dilkhus Yadav is in
custody since 01.08.2025.
6. Learned Special Public Prosecutor for the State and
the learned counsel for the informant have opposed the prayer
for bail.
7. Having considered the submissions of the parties
and upon perusal of the materials available on record, it appears
that the specific allegation of firing causing death is attributed to
Indal Yadav, and no overt act has been attributed to the present
appellants.
8. In view of the aforesaid facts and circumstances,
both the appeals are allowed. Consequently, the impugned
orders dated 18.10.2025 and 26.09.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Begusarai, in connection
Patna High Court CR. APP (SJ) No.5068 of 2025(3) dt.10-04-2026
4/4
with Dandari P.S. Case No. 98 of 2025 are hereby set aside.
9. Accordingly, the appellants, above-named, are
directed to be released on regular 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 Dandari P.S. Case No. 98 of 2025.
10. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail applications. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…