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Patna High Court

Dev Bhushan PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail must be granted to the appellant, setting aside the lower court’s refusal.

Summary

The appeal was filed under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the Special Judge’s refusal to grant anticipatory bail to Dev Bhushan Pandey in a case involving alleged offences under the IPC and the SC/ST Act. The appellant contended that he had a clean record and was falsely implicated in a land‑sale dispute, noting a two‑and‑a‑half‑year delay between the alleged incident (December 2022) and the FIR (July 2024). The State opposed the bail, emphasizing the seriousness of the charges, which included assault, robbery and caste‑based atrocities. The High Court examined whether the delay and alleged false implication warranted bail and considered the statutory provisions governing anticipatory bail. It concluded that bail should be granted, imposing a bond of Rs 5,000 with two sureties and directing compliance with Section 482(2) of the CrPC. Consequently, the trial court’s order was set aside and the appeal was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the appellant under Section 14‑A(2) of the SC/ST Act despite the pending charges under the IPC and the SC/ST Act.
  • Whether the delay in filing the FIR and the claim of false implication affect the grant of anticipatory bail.
  • Whether the nature of the alleged offences under Sections 323, 324, 354B, 379, 34 of the IPC and Sections 3(1)(r), 3(1)(s) of the SC/ST Act justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • land dispute
  • delay in FIR
  • criminal procedure
  • scheduled caste atrocities

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3871 of 2025
                       Arising Out of PS. Case No.-47 Year-2025 Thana- SC/ST District- Muzaffarpur
                 ======================================================
                 Dev Bhushan Pandey Son of Late Maheshwar Pandey Resident of Village -
                 Akurahan-Kharge, P.S.- Kanti, District - Muzaffarpur (Bihar).

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Devanti Devi Wife of Bhagirath Ram Resident of Village - Pakhnaha, P.S.-
                 Minapur, District - Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Tejendra Sinha
                 For the Respondent/s     :        Ms.Usha Kumari 1, Spl. PP
                                                   Mr. Yugal Kishore, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   05-05-2026              1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                            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 21-8-2025 in A.B.P. No. 2547 of 2025 passed by the

                   learned Special Judge S.C./S.T. (POA) Act, Muzaffarpur in

                   connection with SC/ST P.S. Case No. 47 of 2025, registered for

                   the offences punishable under Sections 323, 324, 354B, 379 and

                   34 of the IPC as well as Sections 3(1)(r), 3(1)(s) of the SC/ST

                   Act.
Patna High Court CR. APP (SJ) No.3871 of 2025(4) dt.05-05-2026
                                             2/3




                    3.    Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that the accused persons including the appellant came to

          her house on 11-12-2022 and asked her to provide a jug with

          water and two glass for drinking on which she refused when the

          accused acted inappropriately and abused by taking caste name

          and on alarm when people gathered, the accused persons left

          abusing, it is next alleged that the accused had entered into an

          agreement with her husband and brother-in-law for selling a

          piece of land in the year 2021 for an amount of Rs. 2.25 lakh out

          of which Rs. 35 thousand was paid at the time of agreement, but

          then the appellant did not execute the sale deed.

                    4.    Learned counsel for the appellant submits that the

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that on account of dispute

          relating to sell and purchase of land, the present false case came

          to be instituted after the husband of the informant received the

          entire consideration back. It is also submitted that informant

          alleges that the occurrence took place on 11-12-2022 and the

          FIR came to be instituted on 2-7-2024, i.e., nearly after a delay

          of two and half years, which casts an aspersion on the case of

          the prosecution.
              Patna High Court CR. APP (SJ) No.3871 of 2025(4) dt.05-05-2026
                                                           3/3




                                  5.    Learned Spl. P.P. for the State and learned counsel

                        appearing on behalf of the informant opposes the prayer for

                        anticipatory bail of the appellant.

                                  6.    Considering the aforesaid facts, let the appellant

                        above-named, in the event of his arrest or surrender within a

                        period of six weeks from today, be released on anticipatory bail

                        on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned trial court where the case is pending/successor court

                        in connection with the aforesaid case, subject to the conditions

                        as laid down under Section 482 (2) of the BNSS.

                                  7.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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