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Patna High Court

Rajesh Yadav @ Rajesh Kumar @ BaunaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting bail is set aside and the appellant is to be released on bail.

Summary

The appellant, Rajesh Yadav, was charged under multiple sections of the Bihar Penal Code and the SC/ST Act for allegedly assaulting and verbally abusing the respondent, Lalita Devi, with caste slurs, pulling her hair, and stealing her gold ornaments. The prosecution alleged that the appellant and his father attacked the respondent while she was alone at her house, causing grievous injuries. The appellant contended that he was falsely implicated, arguing that the FIR was vague, the only specific allegation was theft of ornaments, and that the injuries could not have been caused by fists and feet alone; he also highlighted his lack of prior criminal record. The Special Public Prosecutor and the respondent’s counsel opposed bail, citing the grievous injuries suffered. After hearing both sides, the High Court found no specific overt act of assault attributable to the appellant, set aside the lower court’s order denying bail, and granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the appellant is entitled to bail despite the serious nature of the charges under the Bihar Penal Code and the SC/ST Act.
  • Whether the evidence on record specifically links the appellant to the alleged assault and caste-based abuse.
  • Whether the alleged injuries and theft constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • bail
  • assault
  • caste-based violence
  • SC/ST Act
  • criminal procedure
  • false implication

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4790 of 2025
                      Arising Out of PS. Case No.-216 Year-2024 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Rajesh Yadav @ Rajesh Kumar @ Bauna S/o- Maanik Yadav Village-
                 Laknachak PS-Imamganj Dist- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Lalita Devi W/o- Kapindra Paswan R/v- Loknayak Ps- Imamganj Dist- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Md. Javed Jafar Khan, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Respondent     :        Mr. Satish Kumar Sinha, Advocate
                                                 Ms. Asmita Srivastav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   17-03-2026                   Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 18.10.2025 passed by learned Exclusive

                   Special Judge, SC/ST, Gaya whereby the prayer for bail of the

                   appellant in connection with Imamganj P.S. Case no. 216 of

                   2024 under Sections192(2), 190, 329(3), 127(1), 115(2), 76,

                   303(2), 352, 351(2) of B.N.S. and Sections 3(1) (r), 3 (1) (s) of

                   the SC/ST Act was rejected.

                               3. The case of the prosecution is that when the

                   appellant along with his father was digging the earth before the
Patna High Court CR. APP (SJ) No.4790 of 2025(4) dt.17-03-2026
                                             2/3




          door of the respondent. When the respondent objected, both the

          father and son abused her with caste name, they pulled her by

          catching her hair. The respondent was alone at her house and

          she was dragged to the fields and was being assaulted with fists

          and feet. It is further alleged that the appellant has also snatched

          the earring and golden chain.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. From

          perusal of the FIR, it is clear that the nature regarding assault

          and abusing with caste name is general and omnibus. Only

          specific allegation against this appellant is that he has snatched

          the golden ornament of the respondent which is ornamental in

          nature. It has further been submitted that from perusal of the

          secondary injury report, it will transpire that there is fracture of

          zygomatic arch but primary injury report of the respondent is

          not available and from perusal of the FIR, it is clear that the

          allegation of assault is not with any weapon rather it was with

          fists and feet. It has further been submitted that it is quite

          impossible that one will receive fracture injury in head by fists

          and feet. Moreover, the appellant is languishing in judicial

          custody since 29.09.2025 having no criminal antecedent.

                       5. The appeal for bail is opposed by learned Spl. P.P.
            Patna High Court CR. APP (SJ) No.4790 of 2025(4) dt.17-03-2026
                                                         3/3




                      for the State and learned counsel for the respondent. Learned

                      counsel for the respondent has submitted that the respondent has

                      received grievous injury.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration that there is no any specific overt act

                      of assault against the appellant, the Court is inclined to allow

                      this appeal. Accordingly, the appeal is allowed and the

                      impugned order dated 18.10.2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Imamganj P.S. Case No. 216 of 2024 on

                      furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Exclusive Special Judge, SC/ST, Gaya.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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