Patna High Court
Vikash Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court set aside the lower court’s refusal of bail and granted bail with conditions, thereby allowing the appeal.
Summary
The appellant, Vikash Kumar Bhagat, appealed under Section 14(A)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the trial court’s refusal to grant regular bail in a rape case registered under the SC/ST Act and the Bihar National Security Act, 2023. The appellant claimed a clean antecedent, alleged that the FIR was false, highlighted a four‑month delay in filing the complaint, and pointed to inconsistencies in the victim’s statement and medical report. The prosecution opposed bail, arguing the seriousness of the offence. The High Court, after considering the submissions, ordered the appellant’s release on bail of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent. The impugned order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether the trial court erred in refusing regular bail to the appellant under the SC/ST Act.
- Whether the delay in filing the FIR and the alleged inconsistencies in the victim’s statement justify denial of bail.
- Whether the appellant’s criminal antecedent and the nature of the alleged offence warrant denial of bail.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(1)(x)
Subjects
- bail
- SC/ST Act
- rape allegation
- false FIR
- criminal antecedent
- scheduled caste
- court order set aside
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3988 of 2025
Arising Out of PS. Case No.-105 Year-2024 Thana- SC/ST District- Purnia
======================================================
Vikash Kumar Bhagat son of Sri Mahesh Bhagat Resident of Village-
Dhankhaniya Ward no. 14, Po- Gurhi, Ps- Kasba, Dist- Purnea
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Rupa Devi Wife of Sri Gulten Rishi Resident of Village- Dhankhaniya Ward
no. 14, Po- Gurhi, Ps- Kasba, Dist- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amit Kumar Anand, Advocate
For the Resp. No. 2 : Mr. Dr. Bidhu Ranjan, Advocate
For the State : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-04-2026 Heard Mr. Amit Kumar Anand, learned counsel
appearing for the appellant, Mr. Dr. Bidhu Ranjan, learned
counsel appearing on behalf of the Respondent No. 2 and Mr.
Binay Krishna, learned Special Public Prosecutor for the State.
2. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
19.12.2024 passed by the learned District & Additional Sessions
Judge-I-cum-Special Judge SC/ST (POA) Act, Purnea in
connection with Special SC/ST Case No. 50 of 2025 arising out
of SC/ST P.S. Case No. 105 of 2024, F.I.R. dated 02.12.2024
Patna High Court CR. APP (SJ) No.3988 of 2025(3) dt.01-04-2026
2/4
registered under Section 64 of the B.N.S., 2023 and Sections
3(1)(x) of the SC/ST Act.
3. Allegation against the appellant is of committing
rape upon the victim.
4. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellant has not committed any offence as alleged in the F.I.R.
Apart from aforesaid, learned counsel for the appellant submits
that it appears from the complaint petition/F.I.R. that the date of
occurrence as alleged in the complaint petition is 14.07.2024 but
the present complaint petition has been filed on 12.11.2024 after
delay of about four months without giving any explanation of
delay and apart from that the medical examination of the victim
does not support the allegation as alleged in the complaint
petition/F.I.R. and in the medical report it has been found that
the victim was major. The statement of the victim was recorded
under Section 183 of the B.N.S.S., 2023 in which she has
supported the case of the prosecution but from perusal of the
complaint petition as well as statement of the victim which
suggests that both are contradictory to each other. He further
Patna High Court CR. APP (SJ) No.3988 of 2025(3) dt.01-04-2026
3/4
submits that the police after investigation submitted chargesheet
against the appellant and the appellant is in custody since
19.12.2024.
5. Learned Special Public Prosecutor for the State as
well as learned counsel appearing on behalf of the Informant
have vehemently opposed the prayer for bail of the appellant.
6. Considering the facts and circumstances of the
case, let the appellant, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge-I- cum Special Judge,
SC/ST (POA) Act, Purnea in connection with Special SC/ST
Case No. 50 of 2025 arising out of SC/ST P.S. Case No. 105 of
2024, with the following conditions :-
(1) Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the appellant tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. APP (SJ) No.3988 of 2025(3) dt.01-04-2026
4/4
(3) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
Checking your session…