Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The High Court set aside the order denying anticipatory bail and granted anticipatory bail to the appellants.
Summary
The appellants Mahesh Yadav, Munni Devi, Guddu Kumar and Virendra Kumar appealed against the order of the Special Judge, SC/ST, Gaya, which had denied them anticipatory bail in a case involving alleged offences under the Bharatiya Nyaya Sanhita and the SC/ST Act. The prosecution alleged that a co‑accused, Bittu Kumar, had deceived the informant into a sexual relationship, caused two abortions and later assaulted and threatened her, but the victim’s statement under Section 183 BNSS did not mention the appellants. The appellants contended that they were falsely implicated, had no criminal antecedent and did not insult the informant’s caste, thus no offence under the SC/ST Act was made out. The High Court found no material linking the appellants to the alleged offences and held that the lower court erred in rejecting bail. Consequently, the appeal was allowed, the earlier order set aside and anticipatory bail was granted subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.
Issues considered
- Whether the appellants can be granted anticipatory bail despite the pending charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the victim’s statement provides sufficient material to link the appellants to the alleged offences under the SC/ST Act.
- Whether the Special Judge erred in rejecting the bail application.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 3(5), 351(2), 352, 69, 88
Subjects
- anticipatory bail
- SC/ST Act
- Bharatiya Nyaya Sanhita
- false implication
- caste based offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4938 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- PARAIYA District- Gaya
======================================================
1. Mahesh Yadav S/O Kail Yadav R/O Village- Dhankawa, Police Station-
Paraiya, Distt.- Gaya.
2. Munni Devi W/O Mahesh Yadav R/O Village- Dhankawa, Police Station-
Paraiya, Distt.- Gaya.
3. Guddu Kumar S/O Mahesh Yadav R/O Village- Dhankawa, Police Station-
Paraiya, Distt.- Gaya.
4. Virendra Kumar @ Birendra Kumar S/O Ramjatan Yadav @ Ram Jatan
Yadav R/O Village- Dhankawa, Police Station- Paraiya, Distt.- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Nilam Kumari D/O Rajendra Das R/O Village- Dhankawa, P.S- Paraiya,
Dist.- Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, APP
For the Informant : Mr. Priyadarshi Pankaj Raj Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the informant. Perused the case diary.
2. The instant appeal has been filed by the appellants
against the order dated 14.11.2025 passed by learned Exclusive
Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026
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Special Judge, SC/ST, Gaya Ji whereby the prayer for
anticipatory bail of the appellants in connection with Paraiya
P.S. Case No. 210 of 2025 under Sections 115(2), 69, 88, 352,
351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections
3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the SC/ST Act was
rejected.
3. Prosecution case, in short, is that co-accused Bittu
Kumar allegedly established physical relations with the
informant on false promise of marriage, resulting in two
abortions, and later refused to marry her. It is further alleged
that co-accused Bittu Kumar and his family members assaulted,
abused, and threatened the informant when she insisted on
marriage.
4. Learned counsel for the appellants submits that the
appellants have falsely been implicated in the present case.
Learned counsel for the appellants submitted that from perusal
of the statement of the victim recorded under Section 183 of the
BNSS, it appears that the specific allegation of establishing
physical relationship with the victim on the pretext of marriage
is against co-accused Bittu Kumar. He further submitted that
nothing has been whispered against the appellants in Section
183 BNSS statement of the victim. Learned counsel for the
Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026
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appellants further submits that the appellants have not taken the
caste name of the informant in public view, hence, no offence
under the provisions of SC/ST Act is made out against them.
The appellants have no intention to disgrace the image of the
informant in public view. Charge-sheet has been submitted in
this case. The appellants have no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellants.
6. Considering the aforesaid facts and circumstances
of the case as also there being no material against the appellants
in Section 183 BNSS statement of the victim and the period of
custody undergone by the appellants, this Court is inclined to
allow this appeal. Accordingly, the appeal is allowed and order
dated 14.11.2025 passed by learned Exclusive Special Judge,
SC/ST, Gaya Ji, in connection with Paraiya P.S. Case No. 210 of
2025 is hereby set aside.
7. Considering the aforesaid facts and circumstances
of the case, let the appellants above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
Patna High Court CR. APP (SJ) No.4938 of 2025(4) dt.19-02-2026
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with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Paraiya P.S.
Case No. 210 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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