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 ====================================================== 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 ====================================================== Appearance : For the Appellant/s : Mr. Sheo Kumar Prasad, Advocate For the State : Mrs. Usha Kumari 1, Spl.P.P. ====================================================== 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 2/4 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 3/4 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 4/4 properly represented on each and every date fixed by the court 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. priyanka/- (Rajesh Kumar Verma, J) U T