Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4833 of 2025 Arising Out of PS. Case No.-843 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Brajesh Yadav S/O Ram Surat Yadav @ Ram Surat Choudhary Resident of Village - Konhwa, P.S. - Gopalganj, District - Gopalganj. ... ... Appellant

Versus

1.

The State of Bihar 2.

Soni Devi W/O Ravindra Sah Gondd R/O Village- Konhwa, P.S- Gopalganj, Distt.- Gopalganj.

... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Pritish Ranjan, Advocate For the Respondent :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

Despite the valid service of notice, none appears for the respondent no.2.

3.

The present appeal has been preferred against the order dated 15.10.2025 passed by the learned District and Additional Sessions Judge, XI-cum- Exclusive Special Judge, S.C./S.T. Act, Gopalganj, in connection with Gopalganj Town P.S. Case No.843 of 2024 registered for the offences punishable under sections 74, 75, 76 and 352 of the B.N.S., 2023 and under sections 3(1)(r)(s), 3(1)(w) of the S.C./ S.T. (POA) Act, whereby the prayer for bail of the appellant has been rejected.

Patna High Court CR. APP (SJ) No.4833 of 2025(3) dt.05-05-2026 2/3 4.

It is alleged that the appellant used to call the informant on her mobile phone and abused her using filthy words. It is also alleged that the appellant used to make some comments against the informant on social media platform. 5.

The appellant is in custody since 05.08.2025. 6.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. He further submits that there is no allegation of intentional insult or intimidation with an intent to humiliate the informant in any place within public view so as to attract the provisions of the SC/ST Act.

7.

Learned Special Public Prosecutor for the State has opposed the prayer for bail.

8.

Considering the nature of allegation and the period of custody of the appellant, which is from 05.08.2025, this appeal is allowed.

9.

Let the appellant be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge, XI-cumExclusive Special Judge, S.C. / S.T. Act, Gopalganj / concerned Court below, in connection with Gopalganj Town P.S. Case

Patna High Court CR. APP (SJ) No.4833 of 2025(3) dt.05-05-2026 3/3 No.843 of 2024.

10.

This is also subject to the condition that the appellant, after being released on bail, is directed to mark his attendance at Gopalganj Town Police Station on every Sunday of the month. Any default in appearance at the police station will result in cancellation of bail bonds of the appellant. 11.

In case, the appellant makes any further threatening calls to the informant, the prosecution will be at liberty to move before the court below for cancelling the bail bonds of the appellant.

12.

Accordingly, the impugned order dated 15.10.2025 is set aside.

13.

It is made clear that the observations made herein are prima facie in nature and confined only to the adjudication of the present appeal for bail and shall not be construed as an expression on the merits of the case. (Sandeep Kumar, J) pawan/- U T