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Patna High Court

Gope Khan @ Gop Khan @ Md. SabirversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the refusal of anticipatory bail and granted bail to the appellant subject to prescribed conditions.

Summary

The appellant, Gope Khan, was charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for alleged assault and caste-based abuse. He applied for anticipatory bail, which was denied by the District and Additional Sessions Judge. The appellant contended that the notice was served but the complainant did not appear, and that he has a clean record and was falsely implicated. The Special Public Prosecutor opposed the bail. On appeal under Section 14‑A(2) of the SC/ST Act, the Patna High Court set aside the lower court’s order, directing that the appellant be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 438 of the CrPC in a case filed under the SC/ST (Prevention of Atrocities) Act.
  • Whether the lower court erred in refusing anticipatory bail despite the appellant's clean antecedents and alleged false implication.
  • Whether the service of notice to the complainant and her non‑appearance affect the bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • false implication
  • bail conditions
  • Criminal Procedure Code
  • IPC offences

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1903 of 2025
                       Arising Out of PS. Case No.-79 Year-2023 Thana- SC/ST District- Lakhisarai
                 ======================================================
                 Gope Khan @ Gop Khan @ Md. Sabir Son of Khnu Mian @ Md. Khalil
                 Miya Resident of Village - Surajgarha, Purani Bazar, P.O.- Surajgarha, P.S.-
                 Surajgarha, District - Lakhisarai 811106.

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Mamta Devi W/O Karu Paswan R/O Vill Surajgarha, Purani Bazar P.O
                 Surajgarha, P.S Surajgarha Dist Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr. Ramesh Kumar Choudhary, Advocate.
                 For the Respondent/s    :         Mr. Sadanand Paswan, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   04-02-2026                 1. Heard learned counsel for the appellant and the

                   learned Special P.P. Mr. Sadanand Paswan.

                               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

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 28.03.2025 in A.B.P. No. 1314/2024 passed by the

                   learned District and Additional Sessions Judge-I-cum-Special

                   Judge, SC/ST Act, Lakhisarai, in connection with SC/ST

                   Lakhisarai P.S. Case No.79/2023, registered under Sections 147,

                   149, 341, 323, 448, 354(b), 504 and 506 of the Indian Penal

                   Code as well as Sections 3(1)(r)(s)/3(2)(va) of the SC/ST (POA)
Patna High Court CR. APP (SJ) No.1903 of 2025(3) dt.04-02-2026
                                             2/3




          Act.

                       3. Learned counsel for the appellant submits that from

          perusal of the office report dated 12.11.2025, it would manifest

          that the notice has been validly served on the respondent no.2

          but then the respondent no.2 despite receiving notice chooses

          not to appear and contest. It is next submitted that appellant is a

          person with clean antecedent and the informant alleges that

          20.12.2023 at 4.30 P.M., 10 named accused persons including

          the appellant came to her house and tore her blouse and abused

          by taking caste name and also said that she resides in Pathantola

          and opposes and threatened that if she continues opposing them

          then she will be set ablaze.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of abuse and assault is general and omnibus in nature.

          It is also submitted that though informant alleges that accused

          persons came to threaten her as she was opposing them but then

          the FIR does not even remotely suggest that as what was the

          issue which led to the occurrence which also castes an aspersion

          on the case of the prosecution.
             Patna High Court CR. APP (SJ) No.1903 of 2025(3) dt.04-02-2026
                                                          3/3




                                    5. Learned Special Public Prosecutor opposes the

                       prayer for anticipatory bail of the appellant.

                                    6. Considering the submission of the learned counsel

                       for the appellant, the order impugned is set aside. Let the

                       appellant, above named, in the event of his arrest or surrender

                       before the learned Court below within a period of six weeks

                       from the date of receipt of the order, be released on anticipatory

                       bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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