Patna High Court
Rajesh Yadav @ Rajesh Kumar @ BaunaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
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
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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
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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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