Created by Fuzzy Cloud

Patna High Court

Lalti Devi @ Lalti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Adesh Raj
                 For the Respondent/s     :        Mr.Sadanand Paswan, Spl. PP
                                                   Mr. Vijay Kumar, Adv
                 ======================================================
                 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
                                             2/4




          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
                                             3/4




          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
                                                           4/4




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.