Kumar SanjayversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.25 of 2026
                          Arising Out of PS. Case No.-51 Year-2025 Thana- SC/ST District- Patna
                 ======================================================
                 Kumar Sanjay S/o- Anirudha Bind @ Anirudha Prasad R/v- Dihria Ps-
                 Chenari District-Rotas

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Mintu Kumar S/o- Doman Rajak R/v- Daulatpur Ps- Bahadur Dist- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Amit Anand
                 For the Respondent/s     :        Mr.Binay Krishna- Spl.P.P.
                                                   Mr.Dilip Kumar Sinha
                                                   Mr.Kamlesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-07-2026                 1. Heard learned counsel for the appellant, the learned

                   counsel appearing on behalf of the informant and the learned

                   Special Public Prosecutor for the State.

                               2. The learned counsel appearing on behalf of the

                   appellant has been filed which is taken on record.

                               3. The appellant has challenged the order dated

                   02.12.2025 passed by the learned Exclusive Special Judge,

                   SC/ST Act, Civil Court Sadar, Patna in connection with Patna

                   SC/ST P. S. Case No.51 of 2025, instituted for the offences

                   under Sections 126(2), 115(2), 352, 351(2), 351(3), 316(2),

                   318(4) of the BNS and Sections 3(1)(r)(s),3(2)(va) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Patna High Court CR. APP (SJ) No.25 of 2026(3) dt.06-07-2026
                                             2/4




          Act, whereby his prayer for grant of anticipatory bail has been

          rejected.

                       4. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and the informant alleges that he gave Rs.5,34,000/-

          to the appellant and when he asked for his money back the

          appellant started ignoring. Further, on 08.02.2023, he gave a

          cheque of Rs.3 Lacs which on presentation for encashment

          bounced. It is next alleged that informant went to the house of

          the appellant for informing him about the bouncing of cheque

          when he abused by taking caste name.

                       5. The 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

          allegations as alleged in the FIR, it would manifest that the

          dispute is purely civil to which a criminal colour has been given.

          It is next submitted that informant had given Rs.5,34,000/- to

          the appellant which the appellant did not return but issued a

          cheque of Rs.3 Lacs. It is next submitted that if cheque was

          issued and the same on presentation for encashment bounced, in

          that event, the informant ought to have instituted a complaint

          case under the N. I. Act, but then that was not done. It is thus
Patna High Court CR. APP (SJ) No.25 of 2026(3) dt.06-07-2026
                                             3/4




          submitted that instant case has been instituted only to coerce the

          appellant into submission so that he parts with the fanciful

          demand of the informant. It is also submitted that from perusal

          of the allegations as alleged in the FIR, no offence under the

          SC/ST (POA) Act is made out as the entire occurrence is alleged

          to have taken place at the house of the appellant and thus was

          not in public view but still the police in a mechanical manner

          submitted charge-sheet and the learned trial Court also took

          cognizance.

                       6. The learned Special P. P. as well as the learned

          counsel appearing on behalf of the informant opposes the appeal

          but then the learned counsel appearing on behalf of the

          informant submits that charge-sheet in the case has been filed by

          the police based on which cognizance came to be taken on

          which the learned counsel appearing on behalf of the appellant

          submits that this perhaps explains how mechanical the

          investigation and taking of cognizance is.

                       7. After hearing the learned counsel for the parties,

          the Court was inclined to extend the privilege of anticipatory

          bail to the appellant but since charge-sheet has been submitted

          and the learned trial Court took cognizance, as such, the appeal

          is disposed of with a direction to the appellant to surrender
               Patna High Court CR. APP (SJ) No.25 of 2026(3) dt.06-07-2026
                                                            4/4




                         before the learned Trial Court on 22.07.2026.

                                      8. If the appellant surrenders before the learned Trial

                         Court on 22.07.2026, the learned trial Court shall consider and

                         dispose of the case on the same day keeping in mind the

                         observations of this Court as recorded herein above.



                                                    (Satyavrat Verma, J)
vikash/-

U          T