Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(3), 352, 74, 75
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(w), 3(2)(va), 3(i)(r)(s)
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
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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
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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
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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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