Patna High Court
Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail with conditions.
Summary
Brajesh Yadav was charged under sections 74, 75, 76 and 352 of the Bihar Narcotic Substances Act, 2023 and sections 3(1)(r)(s) and 3(1)(w) of the SC/ST (Prevention of Offences) Act for allegedly abusing an informant over the phone and on social media. The trial court rejected his bail application and ordered his continued custody from 5 August 2025. The appellant appealed to the Patna High Court, contending that the allegations did not amount to intentional insult or intimidation in public view required under the SC/ST Act and that he was falsely implicated. The Special Public Prosecutor opposed bail. The High Court, considering the nature of the allegations and the length of custody, set aside the lower court’s order and granted bail on a bond of Rs.10,000 with two sureties, subject to weekly police‑station attendance and a condition that bail could be cancelled if further threatening calls were made. The court clarified that its observations were prima facie and limited to the bail issue.
Issues considered
- Whether the allegations of abusive phone calls and social‑media comments constitute an offence under sections 3(1)(r)(s) and 3(1)(w) of the SC/ST (POA) Act attracting denial of bail.
- Whether bail should be granted despite the pending charges under the B.N.S., 2023 and the SC/ST Act, considering the period of custody.
Legislation cited
- Bihar Narcotic Substances Act — s. 352, 74, 75, 76
Subjects
- bail
- SC/ST Act
- intimidation
- insult
- criminal procedure
- high court
- appeal
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4833 of 2025
Arising Out of PS. Case No.-843 Year-2024 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Brajesh Yadav S/O Ram Surat Yadav @ Ram Surat Choudhary Resident of
Village - Konhwa, P.S. - Gopalganj, District - Gopalganj.
... ... Appellant
Versus
1. The State of Bihar
2. Soni Devi W/O Ravindra Sah Gondd R/O Village- Konhwa, P.S- Gopalganj,
Distt.- Gopalganj.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Pritish Ranjan, Advocate
For the Respondent : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. Despite the valid service of notice, none
appears for the respondent no.2.
3. The present appeal has been preferred
against the order dated 15.10.2025 passed by the learned
District and Additional Sessions Judge, XI-cum- Exclusive
Special Judge, S.C./S.T. Act, Gopalganj, in connection with
Gopalganj Town P.S. Case No.843 of 2024 registered for the
offences punishable under sections 74, 75, 76 and 352 of the
B.N.S., 2023 and under sections 3(1)(r)(s), 3(1)(w) of the S.C./
S.T. (POA) Act, whereby the prayer for bail of the appellant has
been rejected.
Patna High Court CR. APP (SJ) No.4833 of 2025(3) dt.05-05-2026
2/3
4. It is alleged that the appellant used to call
the informant on her mobile phone and abused her using filthy
words. It is also alleged that the appellant used to make some
comments against the informant on social media platform.
5. The appellant is in custody since 05.08.2025.
6. Learned counsel for the appellant submits
that the appellant is innocent and has falsely been implicated in
the present case. He further submits that there is no allegation of
intentional insult or intimidation with an intent to humiliate the
informant in any place within public view so as to attract the
provisions of the SC/ST Act.
7. Learned Special Public Prosecutor for the
State has opposed the prayer for bail.
8. Considering the nature of allegation and the
period of custody of the appellant, which is from 05.08.2025,
this appeal is allowed.
9. Let the appellant 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 learned District & Additional Sessions Judge, XI-cum-
Exclusive Special Judge, S.C. / S.T. Act, Gopalganj / concerned
Court below, in connection with Gopalganj Town P.S. Case
Patna High Court CR. APP (SJ) No.4833 of 2025(3) dt.05-05-2026
3/3
No.843 of 2024.
10. This is also subject to the condition that the
appellant, after being released on bail, is directed to mark his
attendance at Gopalganj Town Police Station on every Sunday
of the month. Any default in appearance at the police station
will result in cancellation of bail bonds of the appellant.
11. In case, the appellant makes any further
threatening calls to the informant, the prosecution will be at
liberty to move before the court below for cancelling the bail
bonds of the appellant.
12. Accordingly, the impugned order dated
15.10.2025 is set aside.
13. 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)
pawan/-
U T
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