Created by Fuzzy Cloud

Patna High Court

Birju YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the lower court’s order denying bail is set aside and the appellant is released on bail.

Summary

The appellant, Birju Yadav, was charged under Sections 127(2), 103(1), 352/34 of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST Act for alleged involvement in a murder and caste‑related abuse. The Special Judge denied his bail application, prompting an appeal to the Patna High Court. The appellant argued that he was falsely implicated, that no specific allegation linked him to the shooting, and that he did not publicly use caste slurs, thus no offence under the SC/ST Act. The State and the informant opposed bail. The High Court, after reviewing the record, found that the shooting was attributed to another accused, Indal Yadav, and that no overt act or specific allegation was made against the appellant, leading to the setting aside of the lower court’s order and granting of bail on condition of a bond and sureties. The judgment emphasized that its observations were prima facie and limited to the bail application, without prejudice to the trial.

Issues considered

  • Whether the appellant is liable under the SC/ST Act for alleged caste‑related abuse.
  • Whether the appellant’s alleged participation in the murder warrants denial of bail.
  • Whether the lower court’s bail denial was justified in the absence of specific allegations against the appellant.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste discrimination
  • criminal procedure
  • arms act
  • murder
  • prima facie observation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4927 of 2025
                      Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
                 ======================================================
                 Birju Yadav S/o Kali Yadav Resident of Village - Iniyarpur, P.S - Ballia,
                 District - Begusarai

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Lalo Devi W/o Hare Ram Paswan R/o Village - Rajopur, Ward No. 3, P.S -
                 Dandari, District - Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Kumar Jha
                 For the Respondent/s    :        Mr. Binay Krishna
                 For the Res No. 2       :        Mr. Md. Mumtaz Uddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-04-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and the learned counsel

                   for the informant.

                               2. The present appeal has been filed by the appellant

                   against the order dated 20.11.2025 in Dandari P.S. Case No. 98

                   of 2025 passed by the Exclusive Special Judge, SC/ST Act,

                   Begusarai, whereby the prayer for bail of the appellant in

                   connection with Dandari P.S. Case No. 98 of 2025, registered

                   under Sections 127(2), 103(1), 352/34 of the Bharatiya Nyaya

                   Sanhita, 2023, Section 27 of the Arms Act and Section 3(2)(va)

                   of the SC/ST Act, was rejected.

                               3. Altogether, ten persons are alleged to have
Patna High Court CR. APP (SJ) No.4927 of 2025(4) dt.02-04-2026
                                             2/3




          intercepted the deceased, after which one Indal Yadav is said to

          have shot and killed him. The appellant is alleged to have, along

          with other co-accused, verbally abused the informant and her

          husband with caste-related slurs.

                       4. Learned counsel for the appellant submits that the

          appellant is innocent and has been falsely implicated in this

          case. It is further submitted that there is no specific allegation

          against the appellant, and the allegations are general and

          omnibus in nature. The appellant did not publicly mention the

          caste of the informant; hence, no offence under the provisions of

          the SC/ST Act is made out against him. He had no intention of

          disgracing the informant in public. It is also submitted that the

          appellant is in custody since 18.10.2025 and has no prior

          criminal antecedents.

                       5. Learned Spl. P.P. for the State and the learned

          counsel for the informant have opposed the grant of bail.

                       6. I have considered the submissions of the parties and

          perused the records of the case. Considering the fact that it was

          Indal Yadav who allegedly shot the deceased and no overt act is

          attributed to the appellant, the appeal is allowed. Consequently,

          the order dated 20.11.2025 passed by the Exclusive Special

          Judge, SC/ST Act, Begusarai, in connection with Dandari P.S.
            Patna High Court CR. APP (SJ) No.4927 of 2025(4) dt.02-04-2026
                                                         3/3




                      Case No. 98 of 2025 is hereby set aside.

                                   7. Accordingly, the appellant is directed to be released

                      on bail upon furnishing a bail bonds of Rs. 10,000/- (Rupees

                      Ten Thousand) 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.

                                   8. 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 application. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.