Patna High Court
Akhtar khanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the appellants, subject to their surrender before the trial court and immediate disposal of the case.
Summary
The appellants, Akhtar Khan and Jakir Khan, appealed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of anticipatory bail in a case involving alleged assault on the informant's husband over unpaid wages. The informant claimed the accused assaulted her husband and others at the appellants' house, while the appellants argued they were falsely implicated and that the incident occurred in private, not in public view. The State opposed the bail but could not refute the claim that the alleged acts were private and that the police had previously issued a Section 41(A) notice without arresting the accused. The High Court, after hearing both sides, granted anticipatory bail on the condition that the appellants surrender before the trial court on 14‑05‑2026, directing the trial court to dispose of the matter the same day. The appeal was consequently disposed.
Issues considered
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act.
- Whether a prima facie case exists under the SC/ST Act given the alleged private nature of the incident.
- Whether the alleged offences under the Indian Penal Code and the SC/ST Act are cognizable despite the occurrence being at the accused's residence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41(A)
- Indian Penal Code — s. 323, 34, 341, 354, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(x)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- private residence
- prima facie case
- Criminal Procedure Code
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2923 of 2025
Arising Out of PS. Case No.-155 Year-2016 Thana- AMAS District- Gaya
======================================================
1. Akhtar khan S/o Mokhtar Khan R/o Vill- Wahidganj (Sihuli), P.S.- Amas,
Distt- Gaya
2. Jakir Khan S/o Mokhtar Khan R/o Vill- Wahidganj (Sihuli), P.S.- Amas,
Distt- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Dev Kumar Devi W/o Indradeo Rikiyasan R/o Vill- Bankat (Tarpar), P.S.-
Amas, Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 05-05-2026 1. Heard learned counsel for the appellants, learned
Spl. P.P. for the State 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 04.06.2025 in A.B.P. No.142/2025 passed by the
learned Exclusive Special Judge S.C./S.T. Act, Gaya in
connection with Amas P.S. Case No.155/2016 registered for the
offences punishable under Sections 341, 323, 354, 504, 506 and
Patna High Court CR. APP (SJ) No.2923 of 2025(6) dt.05-05-2026
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34 of the Indian Penal Code as well as Sections 3(i)(x) of the
SC/ST Act.
3. Learned counsel for the appellants submits that the
appellants are persons with clean antecedent and the informant
alleges that her husband works as a labour for Jakir Khan, her
husband was ill, hence she went to the house of Jakir and
demanded wages of her husband, when Jakir abused and
assaulted by fist, thereafter Chhotan, Laddan and Akhtar came
and assaulted her husband, further alleges that the accused
persons at 6 A.M. had assaulted Rajesh and Chhotan and
forcibly took them for getting the work of labour done.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that informant alleges that she
had gone to the house of appellants seeking wages of her
husband but then from perusal of the allegations, as alleged in
the FIR, it would manifest that informant also alleges that
accused persons assaulted her husband, it is thus submitted that
if the husband of the informant was also present in the house of
appellants, then where was the occasion for the informant to
seek wages. It is also submitted that even presuming what has
been alleged is true without admitting then the entire occurrence
Patna High Court CR. APP (SJ) No.2923 of 2025(6) dt.05-05-2026
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took place at the house of appellants, hence was not in public
view. It is next submitted that police during the course of
investigation gave notice under section 41(A) of the Cr.P.C. to
the appellants and the appellants cooperated in the investigation
and police never felt the need of arresting the appellants but
then charge sheet came to be submitted, based on which,
cognizance came to be taken, hence appellants apprehend arrest.
It is fairly submitted that since cognizance has been taken hence
a prima facie case is made out but then nature of allegation as
alleged in the FIR cannot be ignored.
5. Learned Spl. P.P. for the State and the 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 entire occurrence took
place at the house of the appellants and thus was not in public
view.
6. After hearing the learned counsel for the parties, the
Court was inclined to grant the privilege of anticipatory bail to
the appellants but since cognizance has been taken as such the
appellants are directed to surrender before the learned trial court
on 14.05.2026, in the event, if the appellants surrender before
Patna High Court CR. APP (SJ) No.2923 of 2025(6) dt.05-05-2026
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the learned trial court on 14.05.2026, in that event, the learned
trial court shall consider and dispose of the case on the same day
keeping in mind the fact that police during the course of
investigation had given notice under Section 41(A) of the
Cr.P.C. and never felt the need of arresting the appellants and in
the nature of allegation, prima facie no offence under the SC/ST
Act is made out, as the occurrence is alleged to have been
committed at the house of appellants.
7. The appeal stands disposed of.
(Satyavrat Verma, J)
amit/-
U T
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