Patna High Court
Lalti Devi @ Lalti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is disposed of with a direction for the appellants to surrender before the trial court, effectively denying anticipatory bail pending surrender.
Summary
The appellants, a group of individuals including two women, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Indian Penal Code for alleged assault on the informant's family. They applied for anticipatory bail, which was denied by the Additional District & Sessions Judge. On appeal under Section 14‑A(2) of the SC/ST Act, the appellants argued that the police investigation had concluded with a final report exonerating them, and that cognizance of the case was therefore unwarranted. The State opposed the bail but could not refute the claim of police exoneration. The Patna High Court, while inclined to grant anticipatory bail, held that the order of cognizance precluded immediate relief and disposed of the appeal, directing the appellants to surrender before the trial court on 21‑04‑2026, where the appeal would be considered on the same day.
Issues considered
- Whether anticipatory bail can be granted when the court has taken cognizance of an offence under the SC/ST Act despite a police exoneration report.
- Whether the provisions of Section 18 of the SC/ST Act preclude anticipatory bail in such circumstances.
- Whether the trial court should entertain the bail application in light of the police final report exonerating the accused.
Legislation cited
- Indian Penal Code — s. 143, 323, 34, 341, 354, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- cognizance
- police exoneration
- Section 18
- IPC offences
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.11 of 2026
Arising Out of PS. Case No.-30 Year-2023 Thana- SC/ST District- Saran
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1. Lalti Devi @ Lalti Kumari Wife of Awadhesh Kumar @ Awadhesh Sah
Resident of Village- Mirzapur Ramgarha, PS -Awatar Nagar, Dist- Saran
2. Chanda Devi Wife of Umesh Kumar Gupta @ Umesh Sah Resident of
Village- Mirzapur Ramgarha, PS -Awatar Nagar, Dist- Saran
3. Rajnath Sah @ Rajnath Sah son of Late Rambriksh Sah Resident of Village-
Mirzapur Ramgarha, PS -Awatar Nagar, Dist- Saran
4. Sonu Sah @ Kumar Gaurav @ Sonu Kumar son of Kishor Sah Resident of
Village- Partappur, PS -Awatar Nagar, Dist- Saran
5. Vishal Kumar @ Vishal Sah son of Gajendra Shah Resident of Village-
Kakakpur Ishmela, Ps- Dighwara, Dist- Saran
6. Awadhesh Kumar @ Awadhesh Sah son of Rajnath Sah Resident of Village-
Mirzapur Ramgarha, PS -Awatar Nagar, Dist- Saran, Chhapra
7. Umesh Kumar Gupta @ Umesh Sah son of Rajnath Sah Resident of Village-
Mirzapur Ramgarha, PS -Awatar Nagar, Dist- Saran, Chhapra
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajni Devi Wife of Vikash Kumar Chaudhary Resident of Village-
Mirzapur , PS -Awatar Nagar, Dist- Saran, Chhapra
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Adesh Raj
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP
Mr. Vijay Kumar, Adv
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-04-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State, Sri Sadanand Paswan and the learned
counsel appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Patna High Court CR. APP (SJ) No.11 of 2026(3) dt.09-04-2026
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Act”) against the refusal of prayer for anticipatory bail vide
order dated 19-11-2025 in A.B.P. No. 4323 of 2025 passed by
the learned Additional District & Sessions Judge-cum-
Exclusive Special Judge S.C./S.T. (POA) Act, Saran (Chhapara)
in connection with Saran SC/ST Case No. 30 of 2023 registered
for the offences punishable under Sections 143, 341, 323, 354,
504 and 34 of the Indian Penal Code as well as Sections 3(1)(r)
(s)(w), 3(2)(va)of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants have antecedent of two cases and appellant nos. 1 and
2 are women and the informant alleges that on 20-12-2023, she
was cleaning her cattle-shed at 9 am, when Awadhesh came and
started acting inappropriately, on protest he tried to close her
mouth, on alarm her mother-in-law came, thereafter accused
persons including the appellants came and abused and assaulted
her mother-in-law, father-in-law and brother-in-law and
thereafter the injured were taken to hospital.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that
allegation of assault is general and omnibus in nature. It is
Patna High Court CR. APP (SJ) No.11 of 2026(3) dt.09-04-2026
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further submitted that even presuming what has been alleged is
true without admitting then the entire occurrence took place at
the house of the informant as such was not in public view. It is
next submitted that police after threadbare investigation came to
a considered conclusion that appellants are innocent thus
submitted final form exonerating the appellants of the allegation
as alleged in the FIR, but then learned Magistrate differing with
the police report took cognizance. It is thus submitted that when
one investigating agency after threadbare investigation came to
a considered conclusion that appellants are innocent, whether it
would be prudent for the court to send the appellants to jail
based on an order of cognizance which came to be taken based
on the same police report which exonerated the appellants of the
allegation, but then it is fairly submitted that since cognizance
has been taken as such a prima facie case is made out and hence
rigors of Section 18 of the SC/ST Act will apply.
5. Learned Spl. P.P. for the State and learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the appellants, but then are not in a position
to rebut the submission of the learned counsel appearing on
behalf of the appellants that the police after investigation
submitted final form and the learned trial court differing with
Patna High Court CR. APP (SJ) No.11 of 2026(3) dt.09-04-2026
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the police report took cognizance.
6. After hearing the learned counsel for the parties,
the Court was inclined to grant the privilege of anticipatory bail
to the appellants but for the order of cognizance as such the
appeal is disposed of with a direction the appellants to surrender
before the learned trial court on 21-04-2026.
7. It is made clear, if appellants surrender on 21-04-
2026, in that event, the learned trial court shall consider and
dispose of the appeal on the same day keeping in mind the fact
that police after threadbare investigation submitted final form
exonerating the appellants of the allegations.
8. The appeal stands disposed of.
(Satyavrat Verma, J)
Sumit/-
U T
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