Patna High Court
Ratan Yadav @ Ratan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the trial court’s refusal of bail and ordered the release of the appellants on bail.
Summary
The appellants, Ratan Yadav and Rupesh Yadav, were charged with firing weapons that injured Madan Paswan and Lalo Devi and were also alleged to have used caste-based abusive language, invoking Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. The trial court refused bail, citing the seriousness of the injuries and the caste‑based nature of the offence. On appeal, the counsel for the appellants argued that the injuries were minor, the caste‑abuse allegation was vague, and that the bail refusal was unwarranted. The State’s counsel opposed bail, emphasizing the multiple and grievous injuries. The Patna High Court examined the medical report and the nature of the allegations, concluded that the lower court’s refusal was not justified, set aside the order, and granted bail on a bond of Rs 10,000 with two sureties. Consequently, the appeal was allowed.
Issues considered
- Whether bail should be granted to accused persons in offences punishable under the SC/ST Act and related provisions of the Bharatiya Nyaya Sanhita and Arms Act.
- Whether the alleged caste‑based abuse, described as ‘general and omnibus’, suffices to deny bail.
- Whether the nature and severity of the injuries sustained by the victims justify a denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- SC/ST Act
- caste violence
- criminal procedure
- scheduled castes
- scheduled tribes
- Bharatiya Nyaya Sanhita
- Arms Act
- injury
- grievous injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4895 of 2025
Arising Out of PS. Case No.-309 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Ratan Yadav @ Ratan Kumar Yadav S/o- Surya Narayan Yadav R/v-
Bisanpur W.No-10, PS- Pipra Dist- Supaul
2. Rupesh Yadav @ Rupesh Kumar yadav S/o- Lal Yadav R/v- Bisanpur W.No-
10, PS- Pipra Dist- Supaul
... ... Appellant/s
Versus
1. The State of Bihar
2. Shivdutt Paswan S/o- Laxman Paswan R/v- Bisanpur W.No-10, Ps- Pipra
Dist- Supaul
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Naresh Kumar Mehta, Advocate
For the State : Mr. Sadanand Paswan, Spl.P.P.
For the Complainant : Mr. Bipin Kumar Deo, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-03-2026 Heard learned counsel for the appellants, learned Spl.
P.P. for the State and learned counsel for the Complainant.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 14.10.2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Supaul in connection with Pipra P.S. Case
No. 309 of 2025 registered for the offences punishable under
Sections 191(2), 126(2), 115(2), 118(1), 109, 117(2), 352 &
351(2) of the Bharatiya Nyaya Sanhita, under Section 27 of the
Arms Act as well as Sections 3(1)(r) & 3(1)(s) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.4895 of 2025(3) dt.19-03-2026
2/3
3. The case of the complainant in short is that
appellant no.1, Ratan Yadav has fired at Madan Paswan which
hit in hand and appellant no.2, Rupesh Yadav has fired at Lalo
Devi which hit in left hand and chest.
4. Learned counsel for the appellants submits that as
per the case of the complainant, the occurrence was on account
of assailants named in the FIR pressurizing the complainant to
withdraw the case. Learned counsel for the appellants has
submitted that this case is a counter version of a case which has
been filed by the appellant’s side. It has further been submitted
that from perusal of the injury report of Lalo Devi it will
transpire that she has received two injuries. First is lacerated
wound in left hand of sixe 1”x1/6”x1/6” skin deep and second is
swelling in right wrist. Appellant no.1, Ratan Yadav is having
allegation of causing the first injury which is in the opinion of
the Doctor simple in nature as far as appellant no.2 is
concerned, the injury which has been caused by him has been
found to be simple in nature caused by hard and blunt substance.
As far as the allegation regarding abusing the complainant with
caste name is concerned, the same is general and omnibus.
5. Learned counsel for the complainant is present and
has vehemently opposed the bail to the appellants and has
Patna High Court CR. APP (SJ) No.4895 of 2025(3) dt.19-03-2026
3/3
submitted that in this case various persons have received
injuries and some injuries are grievous as well.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 14.10.2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Supaul in connection with Pipra P.S. Case
No. 309 of 2025 is hereby set aside and the appellants above-
named, 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 the learned court of 1st
Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA)
Act, Supaul in connection with Pipra P.S. Case No. 309 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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