Patna High Court
Birju YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 127(2), 34, 352
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
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
Checking your session…