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Patna High Court

Akhtar khanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                             2/4




          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
                                             3/4




          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
                                                          4/4




                       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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