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Patna High Court

Savita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, despite the police exoneration, cognizance taken under the SC/ST Act precludes the grant of anticipatory bail and the appeal is disposed with a direction to surrender before the trial court.

Summary

The appellants, Savita Devi, Kunal Bhagat and Pradeep Bhagat, were charged under IPC sections 504, 506, 420, 406, 34 and Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act for allegedly abusing an informant over a disputed silver‑ornament mortgage. They sought anticipatory bail, which the Special Sessions Judge denied. The appellants contended that the police investigation had exonerated them, that there was no documentary evidence of the alleged mortgage, and that the alleged incident was not a public offence, thus the rigour of Section 18 of the SC/ST Act should not apply. The Special Public Prosecutor and the informant could not rebut these submissions, but argued that cognizance had been taken, creating a prima facie case. The Patna High Court, while inclined to grant anticipatory bail, held that because cognizance had been taken the appeal must be disposed of, directing the appellants to surrender before the trial court by 03‑07‑2026, after which the trial court would consider the case in light of the police exoneration.

Issues considered

  • Whether anticipatory bail can be granted when cognizance of the offence has been taken under the SC/ST (Prevention of Atrocities) Act.
  • Whether the police’s final report exonerating the accused and the lack of documentary evidence preclude continuation of the criminal proceedings.
  • Whether the trial court erred in rejecting the appellants’ prayer for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • SC/ST Act
  • police exoneration
  • false implication
  • criminal procedure
  • IPC offences
  • bail jurisprudence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2269 of 2025
                      Arising Out of PS. Case No.-66 Year-2018 Thana- MORKAHI District- Khagaria
                 ======================================================
           1.     Savita Devi W/O Laxman Bhagat Resident of village- Rasaunk, PS-
                  Morkahi, district - Khagaria
           2.    Kunal Bhagat @ Kunal Kumar S/O Anil Bhagat Resident of village-
                 Rasaunk, PS- Morkahi, district - Khagaria
           3.    Pradeep Bhagat S/O Laxman Bhagat Resident of village- Rasaunk, PS-
                 Morkahi, district - Khagaria

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Lukho Devi W/O Sakhichan Sada Resident of village- Nawtoliya Rasaunk,
                 PS- Morkahi, district - Khagaria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ram Sumiran Rai
                 For the Respondent/s    :        Mr.Usha Kumari 1
                                                  Mr.Shailendra Kumar Singh
                                                  Ms.Seema Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   18-06-2026                 1. Heard the learned counsel for the appellants, the

                   learned Special Public Prosecutor for the State and learned

                   counsel appearing on behalf of the informant.

                               2. The appellants have challenged the order dated

                   15.05.2025 passed by Sri Pawan Kumar Jha, the learned

                   Additional Sessions Judge 1st-cum-Special Judge, SC/ST Act,

                   Khagaria in connection with ABA No.24 of 2025 arising out of

                   Morkahi PS Case No. 66 of 2018, instituted for the offences

                   under Sections 504, 506, 420, 406 and 34 of the Indian Penal
Patna High Court CR. APP (SJ) No.2269 of 2025(7) dt.18-06-2026
                                             2/4




          Code and Section 3(1)(r) of the Scheduled Castes & Scheduled

          Tribes (Prevention of Atrocities) Act, 1989, whereby their

          prayer for grant of anticipatory bail has been rejected.

                       3. The learned counsel appearing on behalf of the

          appellants submits that appellant nos.1 and 3 are persons with

          clean antecedent and appellant no.2 has antecedent of one case

          as would manifest from the supplementary affidavit. It is next

          submitted that informant alleges that five years back, she had

          taken loan of Rs.1400/- after mortgaging silver ornament with

          one Mina Devi. It is next alleged that Mina Devi died on

          18.03.2018, thereafter the informant went to the house of Mina

          Devi for redeeming the mortgage after paying an amount of

          Rs.6600/-, but grandson of Mina Devi refused to return the

          silver ornaments. It is next alleged that named accused persons

          including the appellants also abused her by taking caste name.

                       4. The learned counsel appearing on behalf of the

          appellants submits that 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 the same does not inspire confidence as no

          documentary evidence has been annexed with the FIR showing

          that any silver ornament worth Rs.1400/- was mortgaged with
Patna High Court CR. APP (SJ) No.2269 of 2025(7) dt.18-06-2026
                                             3/4




          Mina Devi. It is next submitted that even presuming what has

          been alleged is true without admitting, then entire occurrence

          took place at the house of the appellants, as such, was not in

          public view, hence rigor of section 18 of the SC/ST (P.O.A.) Act

          shall not apply. It is also submitted that police after threadbare

          investigation came to a considered conclusion that appellants

          are innocent and thus submitted final form but exonerating the

          appellants of the allegations as alleged in the FIR, but then the

          learned Trial Court differing with the police report took

          cognizance in the Year 2019, but then the appellants never

          received any summons and the appellants for the first time

          received summon in the Year 2024 and thereafter they moved

          before the learned District Court seeking anticipatory bail. It is

          further 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 had exonerated the appellants of the allegations.

                       5. The learned Special P.P. and the learned counsel

          appearing on behalf of informant are not in a position to rebut

          the submission of the learned counsel appearing on behalf of the
               Patna High Court CR. APP (SJ) No.2269 of 2025(7) dt.18-06-2026
                                                            4/4




                         appellants that police after investigation submitted final form

                         exonerating the appellants of the allegations, but then it is

                         submitted that since cognizance has been taken, as such, a

                         prima facie case is made out.

                                      6. After hearing the learned counsel for the parties,

                         the Court was inclined to extend the privilege of anticipatory

                         bail to the appellants but since cognizance has been taken, as

                         such, the appeal is disposed of with direction to the appellants to

                         surrender before the learned Trial Court on or before

                         03.07.2026.

                                      7. It is made clear that if the appellants surrender

                         before the learned Trial Court on 03.07.2026, in that event, the

                         learned Trial Court shall consider the case and dispose of the

                         same on the same day keeping in mind the fact that police after

                         investigation submitted final form exonerating the appellants of

                         the allegations as alleged in the FIR and shall also take into

                         account the observation of this court made hereinabove.

                                      8. The appeal is disposed of.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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