Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The rejection of anticipatory bail was set aside and the appellant was granted anticipatory bail because the accusations were general and omnibus and he undertook to deposit the alleged amount, without any adjudication on merits.
Summary
Appellant Deepak Kumar filed a criminal appeal challenging the order dated 22.07.2024 by which the Special Judge, SC/ST (POA) Act, Muzaffarpur rejected his anticipatory bail in Muzaffarpur Sadar P.S. Case No.831 of 2022. The case arose from allegations that a cheque of Rs.1,90,000 issued by the appellant for purchasing land was dishonoured due to insufficient funds, and when the informant asked for money, he was allegedly abused by caste name and driven out. The offences alleged included IPC Sections 406, 420, 379 and 34, Section 138 of the Negotiable Instruments Act, and Sections 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act. The appellant claimed innocence, false implication, and argued that the FIR did not show any public member present at the alleged incident, so no SC/ST Act offence was made out; he offered to deposit Rs.1,90,000 in installments without admitting guilt. The State and informant opposed the bail prayer. The High Court, considering the general and omnibus nature of accusations and the undertaking, allowed the appeal, set aside the rejection order for the appellant only, and granted anticipatory bail on conditions including deposit of Rs.1,00,000 at bail bond and Rs.90,000 in two equal installments within six months, subject to final outcome. The Court clarified it did not go into merits.
Issues considered
- Whether the appellant is entitled to anticipatory bail in the facts and circumstances of the case, particularly when the accusations are general and omnibus.
- Whether the impugned order rejecting anticipatory bail is liable to be set aside in view of the appellant's undertaking to deposit the alleged amount.
Legislation cited
- Indian Penal Code — s. 34, 379, 406, 420
- Negotiable Instruments Act — s. 138
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- Anticipatory bail
- Cheque dishonour
- Section 138 Negotiable Instruments Act
- SC/ST (Prevention of Atrocities) Act
- Caste abuse
- General and omnibus accusation
- Bail conditions
- Deposit of disputed amount
- Criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3896 of 2024
Arising Out of PS. Case No.-831 Year-2022 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Deepak Kumar Son of Ramu Sah Mohalla- Gola Road, Daldali Bazar, Police
Station- Town, District- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ratan Paswan Son of Sone Lal Paswan Village- Bhikhanpura, Police
Station- Sadar, District- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Sanjay Kumar S.K., Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : Mr. Upendra Kumar Chaubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, 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 22.07.2024, passed in a case registered for the offence
punishable under Sections 406, 420, 379 and 34 of the Indian
Penal Code, Section 138 of the Negotiable Instruments Act and
Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of the appellant has been rejected.
3. It is a case of cheque bounce. As per the
Patna High Court CR. APP (SJ) No.3896 of 2024(4) dt.29-01-2026
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prosecution case, it is alleged that a cheque of Rs. 1,90,000/-
issued by this appellant for purchasing a piece of land got
dishonored due to insufficiency of funds. It is further alleged
that when the informant went to ask for the money, he was
abused by caste name and drove out of the house.
4. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. Appellant has falsely been implicated in
this case with ulterior motive. 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
this appellant. However, it is submitted that at this stage,
without admitting his guilt, appellant is ready to deposit the
alleged defalcated amount amounting to Rs. 1,90,000/- (Rupees
one lakh ninety thousand), in easy installments.
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 appellant.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and the
Patna High Court CR. APP (SJ) No.3896 of 2024(4) dt.29-01-2026
3/4
aforesaid undertaking, this appeal is allowed and the impugned
order dated 22.07.2024 passed by the Court of learned Special
Judge, SC/ST (POA) Act, Muzaffarpur in connection with
A.B.P. No. 2002 of 2024 arising out of Muzaffarpur Sadar P.S.
Case No. 831 of 2022 is hereby set aside with respect to this
appellant only.
7. Accordingly, let the appellant, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Special Judge, SC/ST (POA) Act, Muzaffarpur in
connection with Muzaffarpur Sadar P.S. Case No. 831 of 2022,
along with the following terms and conditions:
“A. At the time of furnishing bail-bond Rs.
1,00,000/- (Rupees one lakh) shall be
deposited through cash in the Nazarat of the
Civil Court, Muzaffarpur.
B. Rest amount i.e. Rs. 90,000/- (Rupees ninety
thousand) shall be deposited in the Nazarat of
Civil Court, Muzaffarpur in two equal
installments within a period of six months
from the date of furnishing bail-bond.
C. The aforesaid payment shall be subject to the
final outcome of the case.
D. If appellant fails to comply the aforesaid
direction of this Court, the learned Trial Court
is free to cancel the bail-bond of the
Patna High Court CR. APP (SJ) No.3896 of 2024(4) dt.29-01-2026
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appellant.”
8. It is made clear that without going into the merit
of the case, the aforesaid order has been passed only for the
purpose of grant of bail.
(Prabhat Kumar Singh, J)
shashank/-
U T
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