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Patna High Court

Fantu Singh @ Vijay Singh @ Vijay Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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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