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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3933 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- SC/ST District- Madhubani ======================================================
1. Rahul Yadav S/O Lal Yadav R/vill- Sapta, P.S- Rahika, Distt- Madhubani, Bihar.
2. Sonu Yadav S/O Phuldeo Yadav R/vill- Sapta, P.S- Rahika, Distt- Madhubani, Bihar. ... ... Appellant/s Versus
1. The State of Bihar
2. Ram Sunder Devi W/O Late Vinay Das R/O Village- Sapta, P.S- Rahika, Dsitt.- Madubani, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Madhuri Kumari, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the Informant : Mr. Amresh Kumar Sinha, Advocate Mr. Vikramaditya, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 22-01-2026 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant.
2. The instant appeal has been filed by the appellants against the order dated 27.08.2025 passed by learned Additional Sessions Judge-1 cum Special Judge, SC/ST Act, Madhubani whereby the prayer for bail of the appellants in connection with GR No. 109 of 2024, Madhubani SC/ST P.S. Case No. 51 of 2024 under Sections 191(2), 191(3), 126(2), 119, 115(2), 76, 333, 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(1)(f), 3(1)(w)(1), 3(2)(va) of SC/ST Act was
Patna High Court CR. APP (SJ) No.3933 of 2025(4) dt.22-01-2026 2/3 rejected.
3. The prosecution case, in short, is that the appellants, in conspiracy with other accused persons, taking advantage of the weak mental condition of the informant’s Scheduled Caste son, fraudulently got a sale deed executed without payment of
consideration and thereafter abused the informant by taking the name of her caste, criminally trespassed into her house, ransacked household articles and threatened her.
4. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Learned counsel further submitted that there is a delay of about three weeks in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that the appellants are being dragged in this case merely due to previous land dispute. He further contended that title suit is pending between the parties and the same is annexed as Annexure –P/3 to the present bail application. Learned counsel for the 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 him. The appellants have no intention to disgrace the image of the
Patna High Court CR. APP (SJ) No.3933 of 2025(4) dt.22-01-2026 3/3 informant in public view. The appellants are in custody since 27.08.2025 and 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 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 27.08.2025 passed by learned Additional Sessions Judge-1 cum Special Judge, SC/ST Act, Madhubani in connection with G.R. No. 109 of 2024, Madhubani SC/ST P.S. Case No. 51 of 2024 is hereby set aside.
7. Let the appellants, abovenamed, be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GR No. 109 of 2024, Madhubani SC/ST P.S. Case No. 51 of
2024.
Alok Verma/- (Rudra Prakash Mishra, J) U T