Amit Kumar @ Bhokran Yadav @ BhokranversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4564 of 2025
                   Arising Out of PS. Case No.-576 Year-2025 Thana- JAHANABAD District- Jehanabad
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                 Amit Kumar @ Bhokran Yadav @ Bhokran S/O Sanjay Yadav Resident Of
                 Village - Kumaru Bigha, P.S- Sikariya, Dist.- Jehanabad

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

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

3   12-02-2026            Heard learned counsel for the appellant and learned

                   Special Public Prosecutor for the State. Perused the case diary.

                           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
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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 five

          criminal antecedents.

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

          opposed the prayer for grant of bail to the appellant.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the
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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, after framing

                     of charge, if not already framed, 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, subject

                     to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the appellant.

                             (II) The appellant shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the appellant.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T