Patna High Court – Orders
Akhlesh Kumar @ Akhilesh Kumar vs The State Of Bihar on 25 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1408 of 2025
Arising Out of PS. Case No.-137 Year-2023 Thana- RAJAOLI District- Nawada
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Akhlesh Kumar @ Akhilesh Kumar S/o- Lalo Yadav Resident Of Village-
Beladih Ps- Rajauli District-Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Ritik Kumar S/o- Upendra Rajbanshi Resident of Village- Barhar Ps- Rajauli
District-Nawada
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 25-07-2025
Heard Mr. Sheo Kumar Prasad, learned counsel for
the appellant and Mrs. Usha Kumari 1, learned Special Public
Prosecutor for the State.
2. Despite of valid service of notice upon Respondent.
No. 2 no one appears on behalf of the Respondent No. 2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
18.03.2025 passed by the learned Additional District and
Sessions Judge-VI-cum-Special Judge, POCSO Act, Nawada, in
A.B.P. No. 490 of 2025 in connection with Rajauli P.S. Case No.
137 of 2023, F.I.R. dated 03.03.2023 registered under Sections
143, 147, 149, 341, 323, 354(A), 354(B), 307, 504, 506 of the
IPC, Section 27 of the Arms Act and Sections 3 (i)(r)(s), 3(2)(v)
Patna High Court CR. APP (SJ) No.1408 of 2025(5) dt.25-07-2025
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of the SC/ST Act.
4. According to the prosecution case, this appellant and
all accused persons with 30 unknown is said to have abused and
assaulted some girls, misbehaved with them and after raising
hulla by the girls, all accused persons including the appellant
abused the girls and their family by caste name and threatened
them to kill.
5. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the appellant has
not committed any offences as alleged in the F.I.R. Although, the
appellant is named in the FIR, but from a bare perusal of the FIR,
it appears that there is no specific allegation of assault against the
appellant rather there is general and omnibus allegation against
all the accused persons including this appellant and the co-
accused namely, Sachin Kumar, although, he was not named in
the FIR, has been granted privilege of anticipatory bail by this
Court vide order dated 29.04.2025 passed in Cr. Appeal (SJ) No.
4732 of 2023.
6. Learned Special Public Prosecutor for the State have
vehemently opposed the prayer for bail of the appellant and
submits that the victim is a minor girl and the appellant and other
Patna High Court CR. APP (SJ) No.1408 of 2025(5) dt.25-07-2025
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co-accused persons with a common intention have harrased the
victim.
7. After hearing the parties, in my view for the purpose
of this anticipatory bail, no offence under the provisions of
Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the facts and circumstances of the case
that the appellant has clean antcedent and there is no specific
allegation against the appellant rather there is general and
omnibus allegation against the appellant and similarly situated
co-accused person, namely, Sachin Kumar has been granted
privilege of anticipatory bail by this Court, let the appellant,
above named, in the event of his arrest to surrender before the
Court below within a period of thirty days from the date of
receipt of the order, be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two surities of the
like amount each to the satisfaction of learned Additional District
and Sessions Judge-VI-cum-Special Judge, POCSO Act, Nawada
in A.B.P. No. 490 of 2025 in connection with Rajauli P.S. Case
No. 137 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with
other following conditions:-
i. Appellant shall co-operate in the trial and shall be
Patna High Court CR. APP (SJ) No.1408 of 2025(5) dt.25-07-2025
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellants. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
priyanka/-
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