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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; anticipatory bail is not granted.

Summary

The appellant, Amit Kumar, was charged under IPC sections 420, 120B and 406 and under Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly cheating a woman and her sister‑in‑law. He applied for anticipatory bail under Section 14‑A(2) of the SC/ST Act, but the Special Judge refused bail. On appeal, the appellant argued that he was falsely implicated, that a loan dispute, not an offence, motivated the complaint, and that his claim of a clean antecedent was erroneous. The informant and the State contended that a charge‑sheet had been filed, establishing a prima facie case, and that the stringent provisions of Section 18 of the SC/ST Act applied. The Patna High Court, after hearing both sides, declined to entertain the appeal and dismissed it, upholding the lower court’s refusal of anticipatory bail.

Issues considered

  • Whether anticipatory bail under Section 14‑A(2) of the SC/ST Act should be granted in view of a filed charge‑sheet and prima facie case.
  • Whether the provisions of Section 18 of the SC/ST Act, which impose enhanced punishment, are applicable.
  • Whether the appellant’s alleged prior antecedents affect the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14-A
  • Section 18
  • IPC offences
  • false implication
  • charge sheet
  • bail refusal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.401 of 2025
                  Arising Out of PS. Case No.-641 Year-2023 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
                 Amit Kumar S/O Ishwari Prasad @ Ishwari Mahto Village- Birupur (Ghosi)
                 Ward No.-14 PS- Ghosi District- Jehanabad

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Lalendra Kumar S/O Lohadi Ram R/O Vill. and Post- Kanap, P.S.-
                 Daudnagar, District- Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Rajesh Kumar Pathak, Advocate
                 For the Respondent/s   :       Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

7   31-03-2026                    1. Heard learned counsel for the appellant, learned

                   Spl. P.P. for the State 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 07.12.2024 in A.B.P. No. 2529 of 2024 passed by

                   the learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Aurangabad in connection with Daudnagar

                   P.S. Case No. 641 of 2023 registered for the offences punishable

                   under Sections 420, 120B and 406 of the Indian Penal Code as
Patna High Court CR. APP (SJ) No.401 of 2025(7) dt.31-03-2026
                                             2/3




          well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act.

                           3. Learned counsel for the appellant submits that

          inadvertently at Para-3 it has been pleaded that appellant is a

          person with clean antecedent when he has antecedent of three

          cases. It is next submitted that informant alleges that appellant

          along with Chintu cheated her and her sister-in-law in the name

          of completing the course of GNM and in lieu whereof the

          accused persons took Rs. 3 Lakhs from them and gave receipt of

          school and admit card, on inquiry it transpired that there is no

          such college in existence.

                           4. At this stage, the learned counsel appearing on

          behalf of the informant submits that police has completed the

          investigation and submitted charge sheet based on which

          cognizance has been taken, as such, a prima facie offence is

          made out against the appellant hence rigors of Section 18 of the

          SC/ST Act shall apply.

                           5. 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 he had taken a loan of

          Rs. 1,30,000/- from the informant and her brother and since a

          dispute arose, as such, the instant false case came to be

          instituted, on which the learned counsel appearing on behalf of
            Patna High Court CR. APP (SJ) No.401 of 2025(7) dt.31-03-2026
                                                         3/3




                      the informant submits that appellant is a resident of the district

                      of Jehanabad while informant is a resident of district of

                      Aurangabad, as such, question of taking loan from the informant

                      and her brother does not arise. It is reiterated and submitted that

                      charge sheet has been submitted and cognizance has been taken.

                                       6. Learned Spl. P.P. for the State opposes the

                      appeal.

                                       7. After hearing the learned counsel for the parties

                      and taking into consideration the submissions made by the

                      learned counsel appearing on behalf of the informant, the Court

                      is not inclined to entertain the appeal.

                                       8. Accordingly, the appeal stands rejected.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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