IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3884 of 2025 Arising Out of PS. Case No.-72 Year-2015 Thana- SURYAGARHA District- Lakhisarai ======================================================

Paddu Yadav S/o Ramjee Yadav R/o vill - Kharra, P.S.- Surajgarha, Distt.-

Lakhisarai ... ... Appellant/s Versus

1. The State of Bihar

2. Suma Devi W/o Late Mannu Tanti R/o vill - Kharra, P.S.- Suryagarha, Distt.- Lakhisarai ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Mayank Bilochan, Advocate For the Complainant : Mr. Pramod Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

5 22-01-2026 Heard learned counsel for the appellant and learned Spl. P.P. for the State.

2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for bail vide order dated 27.08.2025 in SC/ST Case registered for the offences punishable under Sections 302, 201 & 120(B) of the Indian Penal Code as well as Section 3(2)(r) of the SC/ST Act.

3. Learned counsel for the appellant submits that it is a case of misuse of bail. The appellant was all along on bail due to non-appearance and non-pairvi of this appellant. On 16.05.2025 the bail bond was cancelled and NBW was issued against the appellant. On 15.07.2025, the process of Section 82 Cr.P.C. was also issued. The appellant was arrested on 30.08.2025. From perusal of the order of the learned trial court it transpires that earlier also the appellant has jumped the privilege of bail and his bail was cancelled on 06.05.2022 and on that day witness was present.

4. Learned counsel for the appellant has further submitted that as the appellant was all along on bail and he has gone somewhere to earn his livelihood no pairvi was done by the concerned pairvikaar. There is no fault of this appellant and has also submitted that he will not jump the privilege of bail in future.

5. In view of the submissions made by the learned counsel for the appellant, the order dated 27.08.2025 in SC/ST 2015 is hereby set aside and the appellant above-named, be released on bail with the condition that the appellant shall be present on each and every date till the disposal of the case on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of D.A.S.J.- 1^st, Lakhisarai in connection with Suryagarha P.S. Case No. 72 of 2015.

6. Accordingly the appeal stands allowed.

7. Before parting, it is very strange that a Judicial Officer in the cadre of ADJ has rejected the bail of misuse. It seems he is unaware of his jurisdiction or he does not know to exercise his jurisdiction. He should introspect.

(Ashok Kumar Pandey, J)

durgesh/- U T