IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3850 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Subhash Yadav @ Subhash kumar son of Dhobi yadav Resident of Village- Bhaluana, Ps- chandradeep, Dist- Jamui ... ... Appellant/s Versus 1. The State of Bihar 2. Champa Devi Wife of Late Ram Lakhan Das Resident of Village- Bhaluana, Ps- chandradeep, Dist- Jamui ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the O.P. No. 2 : Mr. Dharmesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 15-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, learned counsel for the informant/Respondent No. 2 and perused the case diary. 2. The instant appeal has been filed by the appellant against the order dated 26.08.2025 passed by learned District and Additional Sessions Judge-1st-cum-Special SC/ST Act Judge, Jamui whereby the prayer for bail of the appellant in connection with Chandradeep P.S. Case No. 226 of 2024 under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(va) of SC/ST Act was rejected. 3. Prosecution case, in short, is that the appellant along with other co-accused persons are accused of assaulting Patna High Court CR. APP (SJ) No.3850 of 2025(4) dt.15-01-2026 2/3 and killing the husband of the informant due to land dispute. 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. Learned counsel for the appellant also submits that the allegation levelled against the appellant is general and omnibus in nature. It is next submitted that the informant is not an eye witness to the alleged occurrence. The deceased has died to due to accident by vehicle. 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 02.07.2025 and has got no criminal antecedent. Similar co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 23.12.2025 passed in Cr. Appeal (S.J.) No. 3305 of 2025. 5. Learned Special P.P. for the State and the informant have 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.3850 of 2025(4) dt.15-01-2026 3/3 appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 26.08.2025 passed by learned District and Additional Sessions Judge-1st- cum-Special SC/ST Act Judge, Jamui 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 Chandradeep P.S. Case No. 226 of 2024. Rajorshi/- (Rudra Prakash Mishra, J) U T