Birju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4927 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- DANDARI District- Begusarai ====================================================== Birju Yadav S/o Kali Yadav Resident of Village - Iniyarpur, P.S - Ballia, District - Begusarai ... ... Appellant/s
Versus
1.
The State of Bihar Bihar 2.
Lalo Devi W/o Hare Ram Paswan R/o Village - Rajopur, Ward No. 3, P.S - Dandari, District - Begusarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ashok Kumar Jha For the Respondent/s :
Mr. Binay Krishna For the Res No. 2 :
Mr. Md. Mumtaz Uddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and the learned counsel for the informant.
2. The present appeal has been filed by the appellant against the order dated 20.11.2025 in Dandari P.S. Case No. 98 of 2025 passed by the Exclusive Special Judge, SC/ST Act, Begusarai, whereby the prayer for bail of the appellant in connection with Dandari P.S. Case No. 98 of 2025, registered under Sections 127(2), 103(1), 352/34 of the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act and Section 3(2)(va) of the SC/ST Act, was rejected.
3. Altogether, ten persons are alleged to have
Patna High Court CR. APP (SJ) No.4927 of 2025(4) dt.02-04-2026 2/3 intercepted the deceased, after which one Indal Yadav is said to have shot and killed him. The appellant is alleged to have, along with other co-accused, verbally abused the informant and her husband with caste-related slurs.
4. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in this case. It is further submitted that there is no specific allegation against the appellant, and the allegations are general and omnibus in nature. The appellant did not publicly mention the caste of the informant; hence, no offence under the provisions of the SC/ST Act is made out against him. He had no intention of disgracing the informant in public. It is also submitted that the appellant is in custody since 18.10.2025 and has no prior criminal antecedents.
5. Learned Spl. P.P. for the State and the learned counsel for the informant have opposed the grant of bail.
6. I have considered the submissions of the parties and perused the records of the case. Considering the fact that it was Indal Yadav who allegedly shot the deceased and no overt act is attributed to the appellant, the appeal is allowed. Consequently, the order dated 20.11.2025 passed by the Exclusive Special Judge, SC/ST Act, Begusarai, in connection with Dandari P.S.
Patna High Court CR. APP (SJ) No.4927 of 2025(4) dt.02-04-2026 3/3 Case No. 98 of 2025 is hereby set aside.
7. Accordingly, the appellant is directed to be released on bail upon furnishing a bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Dandari P.S. Case No. 98 of 2025.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T