Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act — s. 103, 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(i)(r)(s), 3(2)(va)
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.
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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/-
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