IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.835 of 2026 Arising Out of PS. Case No.-360 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Subodh Ray @ Subodh Kumar Son of Lala Ray @ Lal Babu Rai @ Lal Babu Singh R/o- Janakpur P.S.- Gaurichak, Dist. -Patna. ... ... Appellant/s Versus 1. The State of Bihar 2. Raj Kumar Das Son of Triveni Das R/o Fatehpur, Ward no. 03, P.S. - Didarganj, Dist. - Patna. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ghanshyam Tiwary, Advocate For the Respondent/s : Mrs. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 7 13-08-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary. Despite valid service of notice, none has appeared on behalf of Respondent No. 2. 2. The instant appeal has been filed by the appellant against the order dated 28.08.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court Sadar (Patna), whereby the prayer for bail of the appellant in connection with Didarganj P.S. Case No. 360 of 2024 under Sections 105, 281, 3(5) of the Bharatiya Nyaya Sanhita, 2023 was rejected and later on Section 103(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 3(1)(r)(s), 3(2)(v) of SC/ST Act were added. Patna High Court CR. APP (SJ) No.835 of 2026(7) dt.13-08-2026 2/3 3. Prosecution case, in short, is that the driver of the Tata Magic vehicle, allegedly drove the vehicle rashly and negligently, causing a fatal accident in which the informant’s son-in-law sustained injuries and subsequently succumbed to his injuries during treatment. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is also submitted that the petitioner is the driver of the vehicle in question and as per FIR there is specific allegation levelled against the appellant, but in the case diary, specific allegation has been attributed against co-accused, namely, Mantu Rai. Learned counsel for the appellant further submits that the appellant has 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 him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 21.07.2025 and has got no criminal antecedent. 5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the Patna High Court CR. APP (SJ) No.835 of 2026(7) dt.13-08-2026 3/3 appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 28.08.2025 passed by learned Exclusive Special Judge, SC/ST Act, Civil Court Sadar (Patna) is hereby set aside. 7. Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj P.S. Case No. 360 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the appellant. (II) The appellant shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the appellant. Rajorshi/- (Rudra Prakash Mishra, J) U T