Patna High Court
Arnesh Kumar Yadav @ Arnesh Kumar @ Anresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court rejected the prayer for anticipatory bail and dismissed the appeal.
Summary
The appeal sought to set aside the trial court's order refusing anticipatory bail to two accused charged with cheating, fraud, assault and offences under the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the informant invested over Rs 6 lakh in a company run by the accused, which later defaulted and the accused assaulted him with caste slurs. The appellants argued they were innocent, that the allegations were vague, that there was a three‑year delay in filing the complaint and that no specific overt act was detailed, contending that the SC/ST Act could not apply. The State opposed bail, emphasizing the specific accusations, the seriousness of the offences and the role of the appellants as authorized signatory and organizer. Considering the direct nature of the accusations, the gravity of the offences and the lack of any mitigating factor, the bench rejected the anticipatory bail and dismissed the appeal.
Issues considered
- Whether anticipatory bail can be granted to the accused in offences under IPC sections 323, 406, 420, 467, 468, 120B and SC/ST Act section 3(i)(v)(r).
- Whether the allegations constitute a cognizable offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether the three‑year delay in filing the complaint defeats the grant of anticipatory bail.
- Whether the specificity of the accusations is sufficient to deny anticipatory bail.
Legislation cited
- Indian Penal Code — s. 120B, 323, 406, 420, 467, 468
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i)(v)(r)
Subjects
- anticipatory bail
- IPC
- SC/ST Act
- cheating
- fraud
- assault
- caste based harassment
- delay in complaint
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3366 of 2024
Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Saran
======================================================
1. Arnesh Kumar Yadav @ Arnesh Kumar @ Anresh Kumar Son of Uma Nath
Rai @ Uma Nath Yadav R/O Vill.- Ladpur, P.S.- Garkha, Dist.- Saran At
Chapra Bihar
2. Shailesh Kumar Pandit @ Shailesh Pandit Son of Phuldeo Pandit R/O Vill.-
Mohiya, P.S.- Garkha, Dist.- Saran At Chapra.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rajdeo Ram Son of Babulal Ram R/O Vill.- Pirari, P.o.- Gopul, P.S.-
Garkha, Dist.- Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Rakesh Kumar, Advocate
For the State : Mr. Binay Krishna, Spl.PP
For the Informant : Mr. Mukesh Kumar Suman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
8 29-01-2026 Heard learned counsel for the appellants, learned
Spl.PP for the State and learned counsel for the
informant/Respondent No. 2.
2. This appeal has been filed for setting aside order
dated 04.06.2024, passed in a case registered for the offence
punishable under Sections 323, 406, 420, 467, 468 and 120B of
the Indian Penal Code and Section 3(i)(v)(r) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.3366 of 2024(8) dt.29-01-2026
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whereby the prayer for anticipatory bail of these appellants has
been rejected.
3. As per the prosecution case, informant, namely
Rajdeo Ram, alleged that all the named accused persons,
including these appellants, induced him to invest money in their
company with the assurance of lucrative returns. At the instance
of the accused persons, the informant/Respondent No. 2
deposited more than 6 lacs rupees and when he went to receive
the matured amount in the year 2017, the accused persons
postponed the payment on one pretext or another and finally on
10.08.2020, when the informant went to take his money and
called the accused persons to Garkha Bazar, all the accused
persons came there, assaulted him and abused him by caste
based slurs and thus, all the accused persons, including these
appellants, cheated the informant and defalcated the invested
amount.
4. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. Allegation of assault is general and
omnibus and no specific accusation of overt act has been alleged
against these appellants. Moreover, as per allegations, the
Patna High Court CR. APP (SJ) No.3366 of 2024(8) dt.29-01-2026
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alleged company fled away in the year 2017 whereas the present
complaint petition was filed after inordinate delay of three years
in the year 2020, which itself makes the entire prosecution case
doubtful. The F.I.R. does not disclose that any member of public
was present at the alleged incidence and as such, no case under
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act Act is made out against these appellants.
Appellants claim clean antecedents.
5. On the other hand, learned Special PP for the State
and learned counsel for the informant/Respondent No. 2 have
vehemently opposed the prayer for grant of anticipatory bail to
the appellants and submitted that appellants are named in the
F.I.R. with specific accusation that they, along with other
accused persons, cheated the informant and defalcated a huge
sum of money invested by him. Appellants also assaulted the
informant and abused him by caste name. Appellant No. 1 is the
authorized signatory who took deposits from the investors and
Appellant No. 2 is one of the organizer of the company having
his code as 10439.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
Patna High Court CR. APP (SJ) No.3366 of 2024(8) dt.29-01-2026
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offence, the prayer for grant of anticipatory bail to the appellants
is rejected and this appeal is, accordingly, dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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