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Patna High Court

Subhash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order denying bail is set aside and bail is granted to the appellant.

Summary

Subhash Kumar was arrested in connection with a case alleging assault, attempted kidnapping, and extortion, with charges under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act. The Special Judge denied his bail application, prompting an appeal to the Patna High Court. The appellant argued he was falsely implicated, that the victim’s statement did not incriminate him, and that no caste-based insult occurred, thus no offence under the SC/ST Act. The State opposed bail, citing the seriousness of the alleged offences. The High Court, considering the appellant’s custody period and lack of incriminating evidence, set aside the lower court’s order and granted bail on condition of a bond and sureties.

Issues considered

  • Whether bail should be granted to the appellant pending trial under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act.
  • Whether the alleged conduct constitutes an offence under the SC/ST Act.
  • Whether the evidence on record justifies continued detention.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste-based offence
  • high court appeal
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4411 of 2025
                   Arising Out of PS. Case No.-576 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Subhash Kumar Son of Sudarshan Yadav Resident of Village- Kumaru Bigha.
                 Ps- Sikariya, Dist- Jehanabad

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Om Prakash Kumar son of Shyamdeo Das Resident of Village- Nidhawan,
                 Ps- Manikpur, Dist- Arwal

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Arvind Prasad Singh, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-02-2026             Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State.

                           2.     The instant appeal has been filed by the appellant

                   against the order dated 10.10.2025 passed by learned 1 st

                   D.A.S.J.-cum-Special Judge, SC/ST Act, Jehanabad whereby

                   the prayer for bail of the appellant in connection with Jehanabad

                   PS Case No. 576 of 2025 instituted under Sections 126(2),

                   115(2), 74, 75, 352, 351(3) & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Sections 3(i)(r)(s), 3(1)(w) & 3(2)(va) of

                   SC/ST Act was rejected.

                           3.     The prosecution case, as per the F.I.R., is that on

                   23.06.2025, the accused persons wrongfully stopped the
Patna High Court CR. APP (SJ) No.4411 of 2025(4) dt.12-02-2026
                                             2/3




          informant’s motorcycle at Kinari Bazar, assaulted him,

          attempted to kidnap his maternal sister Khushboo Kumari,

          abused them by taking caste name, and later fled from the spot.

          It is further alleged that on 27.06.2025 the accused again came

          to the village, demanded Rs. 3,00,000/- from Khushboo

          Kumari’s father, and threatened to kill the entire family.

                  4.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Referring to statement of the victim recorded under Section 183

          of the BNSS, 2023, it is submitted that victim has not stated

          anything against the appellant. Learned counsel for the appellant

          further submits that the appellant has not taken the caste name

          of the informant in public view. Hence, no offence under the

          provisions of SC/ST Act is made out against him. The appellant

          has no intention to disgrace the image of the informant in public

          view. The appellant is in custody since 17.08.2025 and has one

          criminal antecedent.

                  5.      Learned Special P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the
           Patna High Court CR. APP (SJ) No.4411 of 2025(4) dt.12-02-2026
                                                        3/3




                     petitioner, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 10.10.2025

                     passed by learned 1st D.A.S.J.-cum-Special Judge, SC/ST Act,

                     Jehanabad is hereby set aside.

                             7.      Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Jehanabad PS Case

                     No. 576 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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