Akhilesh Kumar v. The State Of Bihar

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 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 1st 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 2/3 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