Patna High Court
Bechan sahversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The appeal is dismissed as withdrawn, with liberty granted to the appellant to surrender and seek regular bail.
Summary
The appellant, Bechan Sah, appealed to the Patna High Court under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the refusal of anticipatory bail in a case where he was accused of assaulting the husband of the informant and using caste‑based slurs. The informant alleged that the assault caused multiple injuries, including a grievous fracture, and that the FIR was lodged 14 days after the incident. The appellant contended he had a clean record, was falsely implicated, and argued that the delay in filing the FIR should preclude prosecution. The State and the informant countered that the seriousness of the injuries and the nature of the offence warranted denial of bail, and that the FIR delay was not fatal. The appellant then sought permission to withdraw the appeal and to surrender, seeking regular bail instead. The court granted permission to withdraw and dismissed the appeal as withdrawn, leaving the appellant free to surrender and apply for regular bail.
Issues considered
- Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act in the present circumstances
- Whether the 14‑day delay in filing the FIR defeats the prosecution’s case
- Whether the appellant can withdraw the appeal and surrender for regular bail
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 109, 115(2), 117(2), 126(2), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- FIR delay
- withdrawal of appeal
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.360 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- SC/ST District- Supaul
======================================================
Bechan sah Son of late Ayodhya Sah @ Ayodhi Sah Resident of Village-
Kalyanpur, Ward no. 3, Ps- Bhaptiyahi, Dist- Supaul
... ... Appellant/s
Versus
1. The State of Bihar
2. Phoolkumari @ Devi @ Fulkumari Devi wife of Surendra Rajak Resident of
Village- Kalyanpur, Ward no. 3, Ps- Bhaptiyahi, Dist- Supaul
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
For the Informant : Mr. Amar Nath Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-07-2026 1. Heard learned counsel for the appellant, learned
Special P.P. for the State, Mr. Sadanand Paswan 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 14.11.2025 in A.B.P. No. 1562 of 2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Supaul in connection with Supaul SC/ST
P.S. Case No. 46 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 109, 117(2), 74, 352 and 351(2)
Patna High Court CR. APP (SJ) No.360 of 2026(3) dt.06-07-2026
2/3
of the BNS, 2023 as well as Sections 3(1)(r)(s) and 3(2)(va) of
the SC/ST Act.
3. Learned counsel appearing on behalf of the
appellant submits that appellant is a person with clean
antecedent and the informant alleges that her husband on
09.09.2025 at 05:00 AM had gone to attend nature’s call, further
near the house of Shiv Narayan, her husband raised an alarm,
accordingly, the informant reached the place of occurrence and
saw appellant assaulting her husband by kudal causing injury on
head and repeated the blow causing fracture of leg and abused
her by taking caste name and even assaulted her causing injury
on leg.
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that no doubt one of the injuries
on leg of the husband of the informant has been opined to be
grievous, but then other injuries are opined to be simple in
nature. It is next submitted that date of occurrence is 09.09.2025
and the FIR came to be instituted on 23.09.2025 i.e. after a
delay of 14 days.
5. Learned Special P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
Patna High Court CR. APP (SJ) No.360 of 2026(3) dt.06-07-2026
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the appeal and the learned counsel appearing on behalf of the
informant submits that no wife would falsely implicate an
accused who is not associated with the occurrence of assault
leading to injury to her husband. It is next submitted that there is
some delay in instituting the FIR, but then the same cannot be
considered to be fatal to the case of prosecution. It is also
submitted that husband of the informant suffered three injuries
and one injury on leg has been opined to be grievous. It is also
submitted that even informant who is a lady was assaulted and
she also suffered fracture of leg.
6. At this stage, the learned counsel appearing on
behalf of the appellant seeks permission to withdraw the appeal
with liberty to the appellant to surrender and seek regular bail.
7. Permission is accorded.
8. Accordingly, the instant appeal is dismissed as
withdrawn with the liberty aforesaid.
(Satyavrat Verma, J)
Rishabh/-
U T
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