Patna High Court
Abdul MannanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order rejecting anticipatory bail and allowed the appeal, directing that the appellants be released on bail.
Summary
Abdul Mannan and Abdul Hannan appealed against the Special Judge's order rejecting their anticipatory bail in a case filed under several sections of the B.N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant alleged that the appellants had taken a loan of Rs. eight lakh, partially repaid by cheques and cash, and later refused repayment, abusing them with caste slurs and assaulting them. The appellants contended that the FIR lacked essential details such as cheque numbers, bank names, and documentary proof of cash payment, arguing that the matter was essentially a civil dispute masquerading as a criminal case. The Special Public Prosecutor could not rebut these points, and the High Court found the FIR insufficient to sustain the denial of anticipatory bail. Consequently, the Court set aside the lower court's order, allowed the appeal, and directed that the appellants be released on bail subject to conditions under Section 482(2) of the CrPC.
Issues considered
- The adequacy of the FIR in disclosing essential particulars such as cheque numbers and bank details.
- Whether the allegations constitute a criminal offence under the B.N.S. and SC/ST (Prevention of Atrocities) Act or merely a civil dispute.
- Whether anticipatory bail should be granted in the absence of substantive evidence.
- The applicability of Section 482(2) of the CrPC in granting bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 316(2), 318(4), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- FIR insufficiency
- civil dispute vs criminal case
- SC/ST Act
- scheduled caste offence
- bail under CrPC
- evidentiary requirements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3878 of 2025
Arising Out of PS. Case No.-128 Year-2024 Thana- SC/ST District- Samastipur
======================================================
1. Abdul Mannan Son of Late Md. Usman Resident of Mohalla - Seikhtoli
ward no. 24 P.S. - Samastipur Town Dist. - Samastipur
2. Abdul Hannan Son of Late Usman Resident of Mohalla - Seikhtoli ward no.
24 P.S. - Samastipur Town Dist. - Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Tarun Kumar Paswan @ Mukesh Bharti son of Raghu Paswan Resident of
Mohalla - Kadirabad Sabji Mandi Lal Bagh, Ward no. 4, Maniyarpur, Ward
no. 5, Ps- Lalit Narayan Mithila University, Dist- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dilip Kumar Roy
For the Respondent/s : Mr. Binay Krishna- Spl. P.P.
Mr. Sitanshu Shekhar Singh
Mr. Vidyapati
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 17-03-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
22.07.2025 passed by the learned Special Judge, SC/ST (POA)
Act, Samastipur in connection with Samastipur SC/ST P. S.
Case No.128 of 2024, instituted for the offences under Sections
115(2),126(2),318(4),316(2),352,351(2),3(5) of the B.N.S. and
Section 3(1)(r)(s) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby their prayer for
Patna High Court CR. APP (SJ) No.3878 of 2025(4) dt.17-03-2026
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grant of anticipatory bail has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and the informant alleges that on 19.11.2024 in
between 2-3 P.M. he went to the shop of the appellants for
demanding his money back amounting to Rs. Eight Lacs, out of
which Rs. Three Lacs was paid by two different cheques as
detailed in the FIR and Rs. Five lacs in cash, but then,
appellants refused to repay the money back and abused him by
taking caste name and even assaulted by fists.
4. The learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that a civil
dispute has been given a criminal colour. It is next submitted
that though informant alleges that he paid Rs.3 Lacs by two
different cheques, but then, neither cheque number nor the name
of the Bank is recorded in the FIR and as far as allegation of
giving cash is alleged, the same is not substantiated by way of
any documentary evidence. It is further submitted that even
presuming what has been alleged is true without admitting with
regard to abuse and assault, then the informant himself alleges
Patna High Court CR. APP (SJ) No.3878 of 2025(4) dt.17-03-2026
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that he had gone to the shop of the appellant where he was
abused and was assaulted by fists, but then, the FIR does not
even remotely suggest that at the time of occurrence any one
was present at the place of occurrence and the shop belonged to
the appellants. It is further submitted that the instant FIR has
been instituted only with a view to coerce the appellants to part
with the fanciful demand of the informant. It is also submitted
that appellants will not abscond rather will cooperate in the
investigation to prove their innocence.
5. The learned Special P.P. as well as the learned
counsel appearing on behalf of the informant opposes the
appeal, but then, are not in a position to rebut the submission of
the learned counsel appearing on behalf of the appellants that
cheque number and name of the bank is not disclosed in the FIR
nor the amount of five lacs which is alleged to have been paid in
cash is substantiated by any documentary evidence in the FIR.
6. Regard being had to the aforesaid submissions, the
order dated 22.07.2025 is set-aside.
7. The appeal stands allowed.
8. The appellants, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of eight weeks, are directed to be released on bail on
Patna High Court CR. APP (SJ) No.3878 of 2025(4) dt.17-03-2026
4/4
their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned Special Judge, SC/ST (POA) Act,
Samastipur in connection with Samastipur SC/ST P. S. Case
No.128 of 2024, subject to the conditions laid down under
Section 482(2) of the BNSS.
(Satyavrat Verma, J)
vikash/-
U T
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