Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the trial court’s order denying bail is set aside and the appellant is released on bail.
Summary
Akhilesh Kumar was arrested in connection with the murder of the informant's father, charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act. The trial court denied his bail application, relying on the charge sheet and a confessional statement of a co‑accused that named him. The appellant contended that he was never named in the FIR, that the co‑accused’s confession is inadmissible, and that no caste‑based insult was made in public, thus no offence under the SC/ST Act. The Special Public Prosecutor and the informant opposed bail. The Patna High Court, noting the absence of direct material against the appellant and the length of his pre‑trial custody, set aside the trial court’s order and granted bail on condition of a bond and sureties. The appeal was therefore allowed.
Issues considered
- Whether bail can be granted to the accused despite charges under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act.
- Whether a confessional statement of a co‑accused can be used to implicate the appellant.
- Whether the alleged act constitutes an offence under the SC/ST Act in the absence of a public caste insult.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118, 126(2), 190, 191(1), 191(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- murder
- SC/ST Act
- confession
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4607 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Akhilesh Kumar S/o- Late Chhotelal Ram R/v- Budha Colony ITI Ps- Bettiah
Muffasil Dist- West Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Jitan Ram S/o- Late Ramdeo Ram R/v- Barwat Sena Ps- Bettiah Muffasil
Dist- West Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sharad Kumar Verma, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Harsha Shashwat, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 14.10.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge, SC/ST Act, West
Champaran at Bettiah whereby the prayer for bail of the
appellant in connection with Bettiah Muffasil P.S. Case No. 313
of 2025 under Sections 190, 191(1), 191(2), 126(2), 118, 103(1)
of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s),
3(2)(v) of SC/ST Act was rejected.
3. The prosecution case, in short, is that accused
Patna High Court CR. APP (SJ) No.4607 of 2025(4) dt.12-03-2026
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persons including the appellant killed the father of the informant
by giving knife blow.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in the present case.
Appellant is not named in the F.I.R. The name of the appellant
transpired in this case during investigation on the basis of
confessional statement of co-accused recorded before police
which has no evidentiary value in the eye of law. He further
contended that as per the material surfaced during investigation,
the specific allegation is against co-accused Dhoni Yadav.
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. Charge-sheet has
been submitted in this case. The appellant is in custody since
13.06.2025 and has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
of the case, there being no direct material against the appellant
Patna High Court CR. APP (SJ) No.4607 of 2025(4) dt.12-03-2026
3/3
and the period of custody undergone by the appellant, this Court
is inclined to allow this appeal. Accordingly, the appeal is
allowed and order dated 14.10.2025 passed by learned 1st
Additional Sessions Judge-cum-Special Judge, SC/ST Act, West
Champaran at Bettiah in connection with Bettiah Muffasil P.S.
Case No. 313 of 2025 is hereby set aside.
7. Let the appellant, abovenamed, be released on bail
on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
Thousand) with two sureties of the like amount each to the
satisfaction of Court below/concerned Court in connection with
Bettiah Muffasil P.S. Case No. 313 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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