Patna High Court
Fantu Singh @ Vijay Singh @ Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
An appeal filed beyond the 180‑day maximum period prescribed in the proviso to Section 14A of the SC/ST Act cannot be entertained, and the condonation of such delay must be rejected.
Summary
The appellant filed an interlocutory application seeking condonation of a 565‑day delay in filing an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appeal concerned a second attempt to obtain anticipatory bail after an earlier refusal. The court examined the proviso to Section 14A, which allows a maximum condonation period of 180 days beyond the prescribed 90‑day filing limit. Since the delay far exceeded the 180‑day ceiling, the court found no sufficient cause to justify further extension. Consequently, the application for condonation was rejected and the appeal was dismissed. The decision re‑affirms the strict time‑limit regime for appeals under the SC/ST Act.
Issues considered
- Whether an appeal filed 565 days after the judgment can be condoned under the proviso to Section 14A of the SC/ST Act
- Whether the High Court has jurisdiction to entertain an appeal beyond the 180‑day maximum period
Legislation cited
Subjects
- anticipatory bail
- condonation of delay
- appeal
- SC/ST Act
- Section 14A
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3212 of 2025
Arising Out of PS. Case No.-266 Year-2023 Thana- ADAPUR District- East Champaran
======================================================
Fantu Singh @ Vijay Singh @ Vijay Kumar Singh S/O Lalit Singh @
Laliteshwar Singh R/O Village- Kanuniya, P.S- Adapur, District- East
Champaran.
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Priyanka Singh
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 30-01-2026 I.A. No. 1 of 2025
This interlocutory application has been filed for
condonation of delay of 565 days in preferring the present
appeal.
2. It is the second attempt for anticipatory bail.
Earlier, the prayer for anticipatory bail was refused.
3. This appeal has been preferred after delay of 565
days. The maximum period which can be condoned under the
provisions of SC/ST Act is 180 days. The relevant proviso is
being extracted hereinbelow:-
14A. …… (3) Notwithstanding anything
contained in any other law for the time being
inforce, every appeal under this section shall be
preferred within a period of ninety days from the
Patna High Court CR. APP (SJ) No.3212 of 2025(3) dt.30-01-2026
2/2
date of the judgment, sentence or order appealed
from:
Provided that the High Court may
entertain an appeal after the expiry of the said
period of ninety days if it is satisfied that the
appellant had sufficient cause for not preferring
the appeal within the period of ninety days:
Provided further that no appeal shall be
entertained after the expiry of the period of one
hundred and eighty days”.
4. Accordingly, I.A. No. 1 of 2025 stands rejected
and consequently this appeal is dismissed.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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