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Patna High Court

Kari Yadav @ Sanjay YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting bail is set aside and the appellant is granted bail.

Summary

The appellant, Kari Yadav, was denied bail by an Exclusive Special Judge under Sections 127(2), 103(1), 352/34 of the BNS Act, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST (POA) Act in connection with a murder case (PS Dandari Case No. 98 of 2025). He appealed, contending that the FIR and post‑mortem point only to co‑accused Indal Yadav as the shooter and that the alleged caste‑based abuse is not specifically mentioned in the FIR. The appellant also highlighted that a similarly situated co‑accused, Birju Yadav, had been granted bail. The State opposed, asserting the appellant was present at the firing. The Patna High Court, after hearing both sides, found no specific overt act linking the appellant to the offences and allowed the appeal, setting aside the lower court’s order and directing that the appellant be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the appellant's participation in the alleged offences is sufficiently established to justify denial of bail.
  • Whether the allegations of caste‑based abuse, not expressly recorded in the FIR, can form a basis for bail denial.
  • Whether the appellant is entitled to bail under the SC/ST (POA) Act and related criminal statutes.

Legislation cited

Subjects

  • bail
  • SC/ST (POA) Act
  • caste based violence
  • false implication
  • criminal procedure
  • arms act
  • murder
  • caste abuse

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5160 of 2025
                      Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
                 ======================================================
                 Kari Yadav @ Sanjay Yadav S/o Bisho Yadav R/o Village - Iniyar, P.S -
                 Ballia, District - Begusarai Used to reside at - Nayatola, Mazanpur, P.S -
                 Ballia, District - Begusarai

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Lalo Devi W/o Late Hare Ram Paswan R/o Village - Rajopur, Ward No. 03,
                 P.S - Dandari, District - Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :         Mr. Shubhesh Pandey, Advocate
                 For the Respondent/s   :         Mr. Binay Krishna, Spl.P.P.
                 For the Respondent No.2:         Mr. Urgesh Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   20-04-2026                      Heard learned counsel for the appellant learned

                   Special Public Prosecutor for the State and learned counsel for

                   the respondent no. 2.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 08.12.2025 passed by learned 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 under Sections 127(2), 103(1), 352/34 of BNS and

                   Section 27 of the Arms Act and Sections 3(2) (va) of SC/ST

                   (POA) Act was rejected.

                               3. The case of the respondent is that altogether ten

                   persons are alleged to have intercepted the deceased after which,
Patna High Court CR. APP (SJ) No.5160 of 2025(4) dt.20-04-2026
                                             2/3




          co-accused Indal Yadav is said to have shot and killed the

          deceased. The appellant is alleged is alleged to have with the

          accused persons and have abused the respondent and her

          husband with caste name.

                       4. It is submitted by learned counsel for the appellant

          that appellant has been falsely implicated in this case. Learned

          counsel has submitted that from perusal of the FIR itself, it is

          clear that the main thrust of allegation is against co-accused

          Indal Yadav who according to the respondent, has fired at the

          deceased. It has further been submitted that from perusal of the

          Post mortem report, it transpires that the at doctor conducting

          autopsy of the deceased has found only one firearm wound and

          there is only allegation against one person that is Indal Yadav.

          As far as the allegation regarding the abusing the respondent

          and her husband with caste name is concerned, that is also

          general and omnibus and the words which are being used are

          not uttered in the FIR. Learned counsel has further submitted

          that similarly situated co-accused person, namely, Birju Yadav

          has been granted bail by learned co-ordinate Bench of this court

          vide Cr. App(SJ) No. 4927 of 2025. Moreover, the appellant is

          languishing in judicial custody since 17.11.2025.

                       5. The appeal for bail is opposed by learned Spl. P.P.
            Patna High Court CR. APP (SJ) No.5160 of 2025(4) dt.20-04-2026
                                                         3/3




                      for the State and learned counsel for the respondent. Learned

                      counsel for the respondent has submitted that the appellant was

                      also present at the place of firing.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration that there is no any specific overt act

                      against the appellant, the Court is inclined to allow this appeal.

                      Accordingly, the appeal is allowed and the impugned order

                      dated 08.12.2025 is hereby set aside.

                                    7. The appellant is directed to be enlarged on bail in

                      connection with Dandari P.S. Case No. 98 of 2025 on furnishing

                      bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Exclusive Special Judge, SC/ST (POA) Act, Begusarai.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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