Allowed

Nitish Kumar Yadav @ Nitish Yadav v. The State of Bihar

Patna HC26 Mar 2026CR. APP (SJ)/4640/2025

Case brief

AI extract

What is this about?

Appeals under the SC/ST Act against refusal of bail in a murder case. The High Court found allegations against the appellants general and omnibus with specific allegation against another co-accused, set aside the bail refusal and released both appellants on bail.

What did the court decide?

Bail granted to both appellants on furnishing bail bonds of Rs. 10,000 each with two like sureties; order dated 03.11.2025 refusing bail set aside.

Nitish Kumar Yadav @ Nitish Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4604 of 2025

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Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa

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====================================================== Arjun Paswan S/o Late Kusho Paswan R/o Village- Bela Bagroli, P.S.- Bihra, District- Saharsa

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... ... Appellant/s

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Versus

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The State of Bihar

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Chulhay Paswan S/o Late Rameshwar Paswan R/o Village- Bela Bagroli, P.S.- Bihra, District- Saharsa

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... ... Respondent/s

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======================================================

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with

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CRIMINAL APPEAL (SJ) No. 4640 of 2025

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Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa

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======================================================

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Nitish Kumar Yadav @ Nitish Yadav S/O Rajendra Yadav R/O Village- Bela Bagrauli, P.S- Bihra, Distt.- Saharsa.

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... ... Appellant/s

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Versus

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The State of Bihar

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Chulhay Paswan S/O Late Rameshwar Paswan R/O Village- Bela Bagrauli, Panchayat- Barahsher, War No.-11, P.S- Bihra, Distt.- Saharsa.

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... ... Respondent/s

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====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 4604 of 2025) For the Appellant/s : Mr. Satish Kumar Singh, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P. (In CRIMINAL APPEAL (SJ) No. 4640 of 2025) For the Appellant/s : Mr. Sunil Kumar Pathak, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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4 26-03-2026 Heard learned counsel for the appellants and learned

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Spl. P.P. for the State.

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This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026 2/4

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(hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 03.11.2025 passed by the learned Additional Sessions Judge-1-cum-Special Judge, SC/ST Act, Saharsa in connection with Special Case No. 36 of 2025, arising out of Bihra P.S. Case No. 69 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 103(1) & 61(2) of the Bharatiya Nyaya Sanhita, 2023, and under Section 27 of the Arms Act and under Section 3(2)(v) of SC/ST (P.O.A.) Act.

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The case of the complainant, in short, is that the informant’s son was going to Saharsa on his bike. In the way, the appellants along with others surrounded him and it is further alleged that co-accused Md. Abdul Rehman fired on the chest of the informant’ son due to which he fell on the ground. Thereafter, the appellants and other co-accused persons indiscriminately fired at the informant’ son due to which he died. The main conspirator of the alleged occurrence is the co-accused Pradeep Kumar Thakur.

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Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in the present case. Learned counsel for the appellants has further submitted that from perusal of the FIR itself it is clear that the main thrust of allegation is against Md. Abdul Rehman whereas the allegation against the appellants is general and omnibus. It

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Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026 3/4

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has further been submitted that from perusal of the post-mortem report it will transpire that the deceased has received one entry wound and one exit wound. There is allegation of firing against all accused persons but there is only one bullet injury found in the body of the deceased and specific allegation is against Md. Abdul Rehman. Learned counsel for the appellant Arjun Paswan has further submitted that he also belongs to the SC/ST community. Hence, no case under SC/ST Act is attracted against him. It has further been submitted that similarly situated coaccused person namely Sachidanand @ Sadanand Paswan @ Sachidanand Prasad @ Sadanand @ Sachidanand Paswan has been granted bail by the learned Co-ordinate Bench of this Court vide Cr. App. (SJ) No. 2864 of 2025. The case of this petitioner stands on similar footing.

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Learned Spl.P.P. for the State has vehemently opposed the prayer for grant of bail to the appellants and has stated that the allegations against the appellants are general and omnibus.

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In view of the submissions made by the learned counsel for the appellant, the order dated 03.11.2025 passed by the learned Additional Sessions Judge-1-cum-Special Judge, SC/ST Act, Saharsa in connection with Special Case No. 36 of 2025, arising out of Bihra P.S. Case No. 69 of 2025 is hereby set

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Patna High Court CR. APP (SJ) No.4604 of 2025(4) dt.26-03-2026 4/4

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aside and the appellants above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of Additional Sessions Judge-1st cum-Special Judge SC/ST (POA) Act, Saharsa in connection with Special Case No. 36 of 2025, arising out of Bihra P.S. Case No. 69 of 2025.

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Accordingly the appeal stands allowed.

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(Ashok Kumar Pandey, J)

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durgesh/-

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U T

Nitish Kumar Yadav @ Nitish Yadav v. The State of Bihar

Case brief

What is this about?

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Nitish Kumar Yadav @ Nitish Yadav v. The State of Bihar

Case brief

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