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2026 DAILYLAW 41938 (PAT)

Sajjan Yadav @ Sajan Yadav @ Sanjay Yadav v. The State of Bihar

CR. APP (SJ)/4651/2025 · 2026-02-12

R P Mishra

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4651 of 2025 Arising Out of PS. Case No.-2 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== Sajjan Yadav @ Sajan Yadav @ Sanjay Yadav S/o Late Uttimlal Yadav @ Late Utimalal Yadav R/o Village - Kolhua, Ward No. 17, P.S - Shankarpur, District - Madhepura ... ... Appellant/s Versus 1. The State of Bihar 2. Baby Kumari W/o Santosh Rajak R/o Village - Kolhua, Ward No. 17, P.S - Shankarpur, District - Madhepura ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Pawan Kumar, Advocate For the Respondent/s : Ms.Usha Kumari 1, S.P.P. Mr. Ranjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 12-02-2026 Heard learned counsel for the appellant, Ms. Usha Kumari, learned Special Public Prosecutor for the State and 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 17.10.2025 passed by learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST POA Act, Madhepura, whereby the prayer for bail of the appellant in connection with SC/ST No. 35 of 2024, arising out of Shankarpur P.S. Case No. 02 of 2024, under Sections 341, 323, 379, 354(A), 504, 506, 376 and 511/34 of the I.P.C. and Section Patna High Court CR. APP (SJ) No.4651 of 2025(4) dt.12-02-2026 2/3 3(i)(r)(s)(w)(z), 3(2)(va) of SC/ST (POA) Act, was rejected. 3. Prosecution case, in short, is that the appellant along with other co-accused persons are said to have assaulted the informant and her husband and abused them by taking their caste name. 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 under sections 341, 323, 354, 504, 506, 34 of the I.P.C. and section 3(i)(r)(s)(w)(z), 3(2)(va) of SC/ST (POA) Act. He further submitted that the present case is counter blast of Shankarpur P.S. Case No. 01 of 2024 lodged by the mother of the appellant. There is land dispute between the parties for which father of the appellant filed Title Suit No. 05 of 2015. There is no specific allegation against the appellant and allegations are general and omnibus in nature. 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 30.08.2025 and has two criminal antecedents. Similar co-accused have been granted bail Patna High Court CR. APP (SJ) No.4651 of 2025(4) dt.12-02-2026 3/3 by a co-ordinate Bench of this Court vide order dated 12.08.2025 passed in Cr. Appeal (S.J.) No. 2747 of 2024. 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 appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 17.10.2025 passed by learned Addl. Sessions Judge-I-cum- Special Judge, SC/ST POA Act, Madhepura, in connection with SC/ST No. 35 of 2024, arising out of Shankarpur P.S. Case No. 02 of 2024, 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 SC/ST No. 35 of 2024, arising out of Shankarpur P.S. Case No. 02 of 2024. manish/- (Rudra Prakash Mishra, J) U T