Rajesh Yadav vs The State Of Bihar on 23 February, 2026

Patna High Court – Orders

Rajesh Yadav vs The State Of Bihar on 23 February, 2026

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3828 of 2025
                    Arising Out of PS. Case No.-25 Year-2023 Thana- KHAGARIA COMPALINT CASE
                                                    District- Khagaria
                 ======================================================
           1.     Rajesh Yadav Son of Dorika Yadav Resident of Village- Sonihar, Ps- Alauli,
                  Dist- Khagaria
           2.    Arvbind Yadav Son of Brahmdev yadav Resident of Village- Sonihar, Ps-
                 Alauli, Dist- Khagaria
           3.    Md. Sadam @ Shadab Bashar son of Md. Saheb Raja Resident of Village-
                 Sonihar, Ps- Alauli, Dist- Khagaria
                                                                    ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.     Bhuvneshwar Sada son of not known Resident of Village- Sonihar, Ps-
                  Alauli, Dist- Khagaria
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Indrajit Kumar
                 For the Respondent/s   :      Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   23-02-2026

Heard the parties.

2. The appellant has preferred the present appeal under

Section 14A(2) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (for short ‘the Act’) against the order

dated 30.07.2025 passed by the learned ADJ 1 cum Special Judge

(SC/ST), Khagaria, in Special A.B.A. No. 66/2025 in connection

with Complaint Case No. 25(c)/2023 registered under Sections

447, 452, 341, 323, 354(B), 379 and 504/34 of the IPC and

Sections 3(i)(r)(s), 3(1)(w)(i), 3(1)(a) and 3(2)(va) of the SC/ST

(POA) Act and Section 4/6 of the Dain Act.

3. Present appeal is well within limitation as prescribed
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under Section 14A(3) of the Act.

4. Despite service of notice to respondent no. 2,

informant failed to join the present Court proceedings.

5. As per complaint appellants assaulted complainant and

also to abuse in caste name. Complainant claimed himself to be

member of SC/ST community.

6. Learned counsel appearing for the appellants

submitted that present occurrence took place in the background of

land dispute. It is submitted that appellants lodged a case

regarding land dispute bearing Case No. 09/21-22, which was

decided in their favour against which appeal preferred by the

informant before Divisional Commissioner, which was dismissed

and therefore, out of aforesaid frustration of loosing legal battle

the informant lodged the present complaint case, allegation of

which cannot be relied upon for the reason as same also not

appears supported with any affidavit in view of Priyanka

Others as reported in [(2015) 6 SCC 287]. It is also submitted

that allegation qua abusing caste name in public view not appears

available. In support of his submission learned counsel relied upon

the legal report of Hon’ble Supreme Court as available through

Hitesh Verma v. State of Uttarakhand, [(2020) 10 SCC
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710].

7. Learned Special P.P. opposed the prayer of bail.

8. In view of the facts and circumstances, as mentioned

above and by taking note of fact as primarily dispute between the

parties appears civil in nature and abusing in caste name also not

appears to be made in public view, accordingly, above-named

appellant in the event of their arrest or surrender before the

learned trial Court, within a period of four weeks of the order, is

directed to be released on bail furnishing bail bond of Rs. 10,000/-

(Rupees Ten Thousand) with two sureties of the like amount each

to the satisfaction of the learned ADJ-1 cum Special Judge

(SC/ST), Khagaria/concerned Court, where the case is pending in

connection with Special A.B.A. No. 66/2025 in connection with

Complaint Case No. 25(c)/2023, subject to the conditions as laid

down under Section 438(2) of the Cr.P.C.

9. Accordingly, impugned order dated 30.07.2025 is

hereby set aside/quashed.

10. Hence, appeal stands allowed.

(Chandra Shekhar Jha, J)
S.Tripathi/-

U          T