Patna High Court
ANSHU PATEL @ ANSHU KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was not granted to the appellant.
Summary
The appellant, Anshu Patel, was implicated in a case involving alleged robbery, assault and caste-based abuse, with charges under several IPC sections and the SC/ST Act. He sought anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act, claiming he was not present at the scene and that the allegations were vague. The State opposed, highlighting the appellant's prior criminal record and the risk of absconding if bail were granted. The Special Judge had refused anticipatory bail, and the appellant appealed to the Patna High Court. The Court, after considering the State’s submission, declined to extend anticipatory bail, finding the appellant’s antecedents and the seriousness of the allegations warranted denial. Consequently, the appeal was rejected.
Issues considered
- Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act in view of the alleged offences and his prior criminal record.
Legislation cited
- Indian Penal Code — s. 323, 379, 390, 391, 392, 393, 394, 395, 397, 398, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- IPC offences
- criminal procedure
- high court appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2998 of 2023
Arising Out of PS. Case No.-522 Year-2022 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
ANSHU PATEL @ ANSHU KUMAR SON OF LALAN PATEL @ LALAN
PRASAD RESIDENT OF VILLAGE- BELISARAI, PS- TOWN
MOTIHARI, DISTT- EAST CHAMPARAN AT MOTIHARI
... ... Appellant/s
Versus
1. The State of Bihar
2. Ajay Kumar son of Suresh Manjhi Resident of Belwanwa, P.S-
Nagar,District-East champaran at motihari
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shashank Shekhar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 20-04-2026 1. Heard learned counsel for the appellant and
learned Spl. P.P. for the State, Ms. Usha Kumari 1.
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 09.06.2023 in A.B.P. No. 2561 of 2023 passed by
the learned Special Judge S.C./S.T. (POA) Act, East
Champaran, Motihari in connection with Town P.S. Case No.
522 of 2022 registered for the offences punishable under
Sections 323, 379, 390, 391, 392, 393, 394, 397, 395, 398, 504
and 506 of the Indian Penal Code as well as Sections 3 of the
Patna High Court CR. APP (SJ) No.2998 of 2023(5) dt.20-04-2026
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SC/ST Act.
3. Learned counsel for the appellant submits that
appellant has antecedent of four cases and the informant alleges
that he along with his friend Ashik were coming back home on
21.10.2021 at 09:30 AM after purchasing vegetables when 8
named accused persons on point of pistol snatched mobile of
Ashik and started fleeing on their bike, but got stuck in a jam at
Charkha crossing, as such, the informant along with Ashik
reached near Charkha crossing and started raising alarm on
which accused abused him, on protest they assaulted and also
abused by taking caste name and Lalan and Sanjiv assaulted him
by leg causing injury on head and accused fled when people
started gathering.
4. Learned counsel for the appellant submits that
the appellant has been falsely implicated in the instant case
being brother of Vishal. It is next submitted that appellant was
not even present at the place of occurrence and from perusal of
the allegation as alleged in the FIR, it would manifest that
allegation of abuse and assault is not specific.
5. Learned Spl. P.P. for the State opposes the appeal
and submits that allegation of abuse and assault may not be
specific, but then allegation is of snatching mobile of Ashik and
Patna High Court CR. APP (SJ) No.2998 of 2023(5) dt.20-04-2026
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appellant has antecedent of four cases, as such, if privilege of
anticipatory bail is granted, the appellant may abscond.
6. Considering the submissions made by the
learned Special PP for the State, the Court is not inclined to
extend the privilege of anticipatory bail to the appellant.
7. Accordingly, the appeal stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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