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Patna High Court

LAKHPATI SINGHversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The High Court permitted the withdrawal of the interim application and granted the appellants liberty to move a fresh anticipatory bail application, noting it was functus officio after the earlier disposal.

Summary

The appellants, brothers Lakhpati Singh, Sanjeev Kumar and Abhishek Vats, were charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for an alleged assault arising from a land‑sale dispute in which the informant claimed they had taken an advance of Rs 61,000 and later demanded Rs 3,80,000. The trial court refused anticipatory bail, prompting the appellants to appeal under Section 14‑A(2) of the SC/ST Act. The High Court, while hearing the appeal, directed the appellants to pay the disputed amount within six months and ordered that no coercive steps be taken against them, effectively disposing of the appeal. The appellants later deposited the amount with the district court, but the informant did not withdraw the case, leading the appellants to file an interim application seeking to withdraw that application and to obtain fresh anticipatory bail. The Court held that it was functus officio after the earlier disposal and allowed the withdrawal of the interim application, granting the appellants liberty to file a fresh anticipatory bail petition before the district court.

Issues considered

  • Whether the High Court could issue further directions after disposing the appeal under Section 14‑A(2) of the SC/ST Act.
  • Whether the appellants are entitled to anticipatory bail in view of the settlement offer and deposit of the disputed amount.
  • Whether the interim application seeking withdrawal can be permitted.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • settlement
  • functus officio
  • criminal appeal
  • land dispute
  • procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2366 of 2021
                         Arising Out of PS. Case No.-6 Year-2021 Thana- SC/ST District- Sitamarhi
                 ======================================================
           1.     LAKHPATI SINGH Son of Late Ramshwarup Singh Resident of Village -
                  Punaura (West), P.S. - Punaura, District - Sitamarhi
           2.    Sanjeev Kumar Son of Mr. Lakhpati Singh Resident of Village - Punaura
                 (West), P.S. - Punaura, District - Sitamarhi
           3.    Abhishek Vats @ Abhishek Batsa Son of Mr. Lakhpati Singh Resident of
                 Village - Punaura (West), P.S. - Punaura, District - Sitamarhi

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Sushila Devi Shri Ram Chandar Ram R/O Village-Punaura West, P.S.-
                 Punaura, District-Sitamarhi

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Ajay Thakur, Adv.
                                                   Mr. Udbhav, Adv.
                 For the Respondent/s     :        Mr. Binay Krishna, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   02-07-2026                  1. Heard learned counsel for the appellants Mr. Ajay

                   Thakur and learned Special P.P. Mr. Binay Krishna 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

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

                   order dated 09.03.2021 in A.B.P. No. 470/2021/48/2021 passed

                   by the learned 1st Additional Sessions Judge-cum-Special Judge

                   SC/ST (POA) Act, Sitamarhi in connection with Sitamarhi
Patna High Court CR. APP (SJ) No.2366 of 2021(7) dt.02-07-2026
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          SC/ST P.S. Case No. 06 of 2021 dated 30.01.2021 registered

          under Sections 341, 323, 354, 504, 506 and 34 of the Indian

          Penal Code as well as Sections 3(1)(r)(s) (w) (I), 3(2)(va) of the

          SC/ST (POA) Act.

                       3. Learned counsel appearing on behalf of the

          appellants submits that appellant no.1 and 3 have antecedent of

          one case and appellant no.2 is a person with clean antecedent

          and appellant no.1 is a senior citizen aged about 76 years and

          the informant alleges that appellant no.1 had taken advance of

          Rs.61,000/- for selling 4 decimal land and thereafter her son

          Ranjit paid an amount of Rs.3, 80, 000/-, as such the informant

          along with her sons Ranjit and Shyam Babu came to the house

          of Lakhpati Singh on 14.01.2021 at 8 A.M for requesting him to

          execute sale deed, but Madhvi @ Putti, along with Sanjeev and

          Abhishek started abusing them and appellant no.1 said to urinate

          in their mouth, on which, Madhvi spat on her face and appellant

          no.1 pulled her saree, while Sanjeev and Abhishek tore her

          blouse and accused persons slapped her son and husband and

          passerby saved them from further assault, thus alleges that

          appellant no.1 cheated her son. It is next alleged that FIR was

          delayed on account of panchayati convened.

                       4. Learned counsel appearing on behalf of the
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          appellants submits that it is not in dispute that appellant no.1

          received an amount of Rs.61,000/- by way of advance from the

          son of the informant for purchasing land but ultimately in the

          family a decision was taken not to sell the land as such appellant

          no.1 was ready to return the amount but then informant was not

          willing to accept the same, as such the appellants moved this

          court seeking anticipatory bail by filing the instant criminal

          appeal. It is submitted that the appeal was taken up by a learned

          coordinate Bench on 02.12.2021 and a submission was made on

          behalf of the appellants that they are ready to return the due

          amount of Rs.3,80,000/- which they had taken for selling 4

          decimal land to the informant, the informant also became ready

          for the settlement, as such this Court recorded in order dated

          02.12.2021 that-

                       “Learned counsel for the appellants submits that the

          appellants are ready to pay the due amount, i.e., Rs.3,80,000/- to the

          informant.

                       Learned counsel for the informant is also ready to withdraw

          the cases filed in the learned court below, if the due amount, i.e.,

          Rs.3,80,000/- is paid to the informant.

                       Having considered the facts aforesaid, the appellants are

          directed to pay Rs.3,80,000/- to the informant within a period of six

          months from the date of receipt/production of a copy of this order.

                       In the meantime, no coercive steps shall be taken against the
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          appellants in connection with Sitamarhi SC/ST P.S. Case No.06 of 2021,

          pending in the court of learned 1st Additional Sessions Judge-cum-Special

          Judge, SC/ST (POA) Act, Sitamarhi.

                       The appeal is disposed of with the aforesaid direction.

                       If for any reason, the informant does not withdraw the cases

          filed in the court below after receiving the admitted amount, as aforesaid,

          the appellants are at liberty to file application in the present appeal for

          passing necessary order by this Court.”

                       5. Learned counsel for the appellants submits that

          initially before this court, the informant became ready to settle

          the dispute but after passing of the order dated 02.12.2021 when

          appellant no.1 approached the informant for returning the

          amount, the informant refused, as such the appellant no.1

          deposited an amount of Rs.3,80,000/- with the District Court

          vide Cheque no.905046 drawn on State Bank of India, Branch

          Sitamarhi Bazar as would manifest from order dated 19.05.2022

          passed by the learned ADJ-I-cum-Special Judge, in SC/ST Case

          No.06 of 2021. It is submitted that informant despite being

          aware that the amount of Rs.3,80,000/- has been deposited with

          the court, still for reasons best known chose not to withdraw the

          same.

                       6. It is next submitted that since informant did not

          withdraw the amount deposited with the District Court in terms

          of the order dated 02.12.2021, the appellants apprehended that
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          they may be arrested, as the case was not withdrawn and 6

          months period lapsed, hence in terms of the liberty granted by

          order dated 02.12.2021 in the instant appeal, the present I.A.

          No.01 of 2022 has been filed.

                       7. Learned Special P.P. at this stage submits that once

          the instant appeal was disposed of by order dated 02.12.2021,

          the Court became functus officio as such no further direction

          could have been given.

                       8. Learned counsel appearing on behalf of the

          informant also concurs with the said submission but then the

          learned counsel appearing on behalf of the appellants submits

          that since liberty was granted by this Court hence the instant

          I.A. application has been filed but then does not dispute the

          submissions made by the learned Special P.P.

                       9. Learned Special P.P. further submits that if the

          informant is not adhering to the condition as recorded in the

          order dated 02.12.2021, which was a consented order, in that

          event, the appellants could have moved afresh by filing a fresh

          anticipatory bail application before the learned District Court,

          bringing to its notice of the development which took place

          subsequent to 02.12.2021 and based on the said ground could

          have prayed for anticipatory bail.
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                                    10. At this stage, the learned counsel appearing on

                       behalf of the appellants seeks permission to withdraw the I.A.

                       No.1 of 2022 with liberty to the appellants to move afresh

                       before the learned District Court seeking anticipatory bail based

                       on the subsequent developments which took place after

                       02.12.2021, as recorded hereinabove.

                                    11. The I.A. No.1 of 2022 is permitted to be

                       withdrawn with the liberty aforesaid.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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