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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that no specific overt act of assault is attributable to the appellants and no offence under the SC/ST Act is made out, thereby granting anticipatory bail.

Summary

The appellants, Akhilesh Kumar, Om Prakash Kumar and Jai Prakash Kumar, were charged with assault, caste slurs and the death of a child under multiple sections of the Bihar Negotiable Instruments Act, the Scheduled Castes and Scheduled Tribes Act and the Indian Penal Code. They sought anticipatory bail after the Additional Sessions Judge refused it. The High Court examined whether any specific overt act of assault could be attributed to the appellants and whether the offences under the SC/ST Act were made out. Finding no concrete evidence linking the appellants to the alleged assault and concluding that the SC/ST provisions were not applicable, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC. The impugned order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether the appellants can be granted anticipatory bail under Section 438 CrPC.
  • Whether the allegations constitute an offence under the Scheduled Castes and Scheduled Tribes Act.
  • Whether specific overt acts of assault can be attributed to the appellants.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • SC/ST Act
  • caste violence
  • assault
  • murder
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3976 of 2025
                         Arising Out of PS. Case No.-10 Year-2025 Thana- SC-ST District- Arwal
                 ======================================================
           1.     Akhilesh Kumar S/O Chandeshwar Yadav Resident of Village - Fakharpur,
                  Police Station and District - Arwal,Bihar
           2.    Om Prakash Kumar S/O Suresh Yadav @ Doman Sardar Resident of Village
                 - Fakharpur, Police Station and District - Arwal, Bihar
           3.    Jai Prakash Kumar S/O Suresh Yadav @ Doman Sardar Resident of Village -
                 Fakharpur, Police Station and District - Arwal, Bihar

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Kameshwar Prasad Sinha, Advocate
                 For the Respondent/s     :       Mr. Sadanand Paswan, Sp.PP
                 For the Respondent No. 2 :       Mr. Dheeraj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   08-05-2026                 Heard Mr. Kameshwar Prasad Sinha, learned counsel

                   for the appellants, Mr. Dheeraj Kumar, learned counsel

                   appearing on behalf of the Respondent No. 2 as well as Mr.

                   Sadanand Paswan, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for anticipatory bail by order dated

                   01.09.2025 passed by the learned Court of Additional Sessions

                   Judge I cum Special Judge SC/ST Jahanabad in connection with

                   Arwal SC/ST P.S. Case No. 10/2025, F.I.R. dated 11.07.2025

                   registered under Sections 126(2), 191(2), 191(3), 190, 115(2),

                   118(1), 109, 352, 351(2) of the B.N.S and later on added 103 of
Patna High Court CR. APP (SJ) No.3976 of 2025(7) dt.08-05-2026
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          the B.N.S. and Sections 3(1) (i) (r) (s) and 3 (2)(va) of the

          Scheduled Castes and Scheduled Tribes Act.

                       3. According to the prosecution case, on 10.07.2025 at

          about 07:00 pm, while his son Aman Kumar was returning to

          home in running condition from Dariyapur filed after physical

          practice and reached near Taudi temple, owner of Bablu Paan

          shop abused him using caste slurs and in the meantime Pawan

          Kumar, Om Prakash Kumar, Jaiprakash Kumar, Akhilesh

          Kumar started abusing and assaulting his son and brutally

          injured his son. After hearing regarding altercation, informant

          along with his other family members reached at the alleged

          place of occurrence and noticed that Pawan Kumar thrown jack

          machine upon the head of his son from the roof of Suresh

          Yadav, Chandeshwar Yadav was ordering others accused

          persons who were equipped with lathi danda for assaulting

          informant’s son and both of them were abusing his son by using

          caste slurs. During course of assault, Akhilesh Kumar took out

          golden locket from the neck of his son namely Aman Kumar. On

          hulla others family members of informant gathered there, then

          accused persons fled away. They took away his son to hospital

          for treatment from where he was referred to PMCH for better

          treatment and during course of treatment he died.
Patna High Court CR. APP (SJ) No.3976 of 2025(7) dt.08-05-2026
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                       4. Learned counsel for the appellants submits that

          appellants have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          appellants has not committed any offences as alleged in the

          F.I.R. The present case is counter-blast of Arwal P.S. Case No.

          265/2025 lodged against the informant by the accused person.

          There is no specific overt act of assault against the appellants

          rather there is general and omnibus allegation against the

          appellant.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellants.

                       6. After hearing the parties, in my view for the

          purpose of this anticipatory bail, no offence under the provisions

          of Scheduled Castes and Scheduled Tribes Act is made out.

                       7. Considering the aforesaid facts and there is no

          specific overt act of assault against the appellants, let the

          appellants, above named, in the event of their arrest to surrender

          before the Court below within a period of thirty days from the

          date of receipt of the order, be released on anticipatory bail on
Patna High Court CR. APP (SJ) No.3976 of 2025(7) dt.08-05-2026
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          furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

          two surities of the like amount each to the satisfaction of learned

          Court of Additional Sessions Judge I cum Special Judge SC/ST

          Jahanabad in connection with Arwal SC/ST P.S. Case No.

          10/2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other

          following conditions:-

                       i. appellants shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellants tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellants and in case at

          any stage it is found that the appellants have concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellants. However, the

          acceptance of bail bonds in terms of the above-mentioned order

          shall not be delayed for purpose of or in the name of
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                       verification.

                                    8. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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