Patna High Court
Gulshan Kumar Yadav @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on regular bail.
Summary
The appellant, Gulshan Kumar Yadav, was charged under the Bharatiya Nyaya Sanhita, 2023 (sections 127(2), 103(1), 352 and 34), the Arms Act (section 27) and the SC/ST Act (section 3(2)(va)) for alleged involvement in a murder and for using caste‑related slurs. The trial court denied his regular bail application, holding that the allegations, though general, were sufficient to keep him in custody. On appeal, the High Court observed that the actual shooting was attributed to another accused, Indal Yadav, and that no overt act or specific allegation of caste‑based insult could be linked to the appellant. Consequently, the High Court set aside the lower court’s order, allowed the appeal and directed the appellant’s release on regular bail upon furnishing the prescribed bond and sureties. The judgment was limited to bail considerations and did not express any view on the merits of the trial.
Issues considered
- Whether the appellant’s alleged conduct constitutes an offence under the SC/ST Act.
- Whether the evidence on record justifies denial of regular bail to the appellant.
- Whether the appellant’s participation in the alleged murder warrants custodial detention pending trial.
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
- murder
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5187 of 2025
Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Gulshan Kumar Yadav @ Gulshan Kumar S/O Hari Yadav @ Hare Ram
Yadav R/O Village- Rajopur, Ward No. 06, P.S- Dandari, District- Begusarai.
... ... Appellant/s
Versus
1. The State of Bihar
2. Lalo Devi W/O Hare Ram Paswan R/O Village- Rajopur, Ward No. 03, P.S.-
Dandari, Distt.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sandip Kumar Gautam
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present appeal has been preferred by the
appellant against the order dated 18.10.2025 passed by the
learned Exclusive Special Judge, SC/ST Act, Begusarai, in
connection with Dandari P.S. Case No. 98 of 2025, registered
for the offences punishable under Sections 127(2), 103(1), and
352/34 of the Bharatiya Nyaya Sanhita, 2023, along with
Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST
Act, by which, the learned court below rejected the prayer of the
appellant for grant of regular bail.
3. Altogether, ten persons are alleged to have
Patna High Court CR. APP (SJ) No.5187 of 2025(3) dt.10-04-2026
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 12.09.2025.
5. Learned Spl. P.P. for the State has 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 impugned order dated 18.10.2025 passed by the learned
Exclusive Special Judge, SC/ST Act, Begusarai, in connection
with Dandari P.S. Case No. 98 of 2025 is hereby set aside.
Patna High Court CR. APP (SJ) No.5187 of 2025(3) dt.10-04-2026
3/3
7. Accordingly, the appellant is directed to be released
on regular bail upon furnishing 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
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