Patna High Court
Amit Kumar @ Amit GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court set aside the trial court’s refusal of anticipatory bail and granted anticipatory bail to the appellants.
Summary
The Patna High Court heard two criminal appeals (SJ No.4051/2025 and SJ No.4753/2025) filed by Amit, Ajit and Ankit Giri and by Santosh Giri respectively, seeking anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act after a Special Judge had refused bail in a case registered under several IPC and SC/ST provisions for alleged assault on an informant’s family. The appellants argued that the FIR was motivated by personal enmity, that the alleged incident occurred inside a private residence and not in public view, and that the informant’s failure to appear despite notice weakened the prosecution. The State, represented by the Special Public Prosecutor, opposed the bail. The Court examined whether the seriousness of the offences and the statutory provisions justified denial of anticipatory bail and considered the discretion under Section 482(2) of the CrPC. Finding that the allegations did not warrant denial and that the informant’s non‑appearance undermined the case, the Court set aside the trial court’s order and granted anticipatory bail with a bond of Rs 5,000 and two sureties, subject to conditions. Both appeals were consequently allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act in the present facts
- Whether the alleged offences under the IPC and SC/ST Act justify denial of anticipatory bail
- Whether the informant’s non‑appearance despite notice affects the bail decision
- Whether the discretion under Section 482(2) of the CrPC can be exercised to grant bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 115(2), 126(2), 329(4), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2)
Subjects
- anticipatory bail
- SC/ST Act
- Section 14-A
- false implication
- non‑appearance of informant
- Section 482 CrPC
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4051 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- SC/ST District- Kishanganj
======================================================
1. Amit Kumar @ Amit Giri S/O Ram Babu Giri R/O Village- Jalebiya More,
P.S- Thakurganj, Distt.- Kishanganj.
2. Ajit Kumar Giri @ Ajit Giri S/O Ram Babu Giri R/O Village- Jalebiya
More, P.S- Thakurganj, Distt.- Kishanganj.
3. Ankit Kr. Giri @ Ankit Giri S/O Ram Babu Giri R/O Village- Jalebiya
More, P.S- Thakurganj, Distt.- Kishanganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. Praveen Ray S/O Tetla Ray R/O Village- Jalebiya More, P.S- Thakurganj,
Distt.- Kishanganj.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4753 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- SC/ST District- Kishanganj
======================================================
Santosh Giri S/O Late Rajesh Giri @ Late Rajendra Giri R/O Vill.- Jalebiya
More, P.S.- Thakurganj, Dist.- Kishanganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Praveen Ray S/O Tetla Ray R/O Vill.- Jalebiya More, P.S.- Thakurganj,
Dist.- Kishanganj
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4051 of 2025)
For the Appellant/s : Mr. Bhola Prasad
For the Respondent/s : Mr. Sadanand Paswan
(In CRIMINAL APPEAL (SJ) No. 4753 of 2025)
For the Appellant/s : Mr. Bhola Prasad
For the Respondent/s : Mr. Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 02-04-2026 CRIMINAL APPEAL (SJ) No.4051 of 2025
1. Heard learned counsel for the appellants and the
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
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learned Special P.P. Mr. Sadanand Paswan for the State. No one
appears on behalf of the O.P. No.2.
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 12.09.2025 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge, Kishanganj in connection
with Kishanganj SC/ST P.S. Case No.18/2025, registered under
Sections 126(2), 115(2), 74, 329(4), 351(2), 352 of the BNS as
well as Sections 3(1)(r), 3 (1)(s) and 3(1) (w) of the SC/ST Act.
3. Learned counsel submits that informant despite
receiving notice could not be appeared and contest the case. It is
next submitted that appellants have antecedent of one case and
the informant alleges that accused persons came to his house on
14.05.2025 and enquired about him from his daughter, on
which, his daughter disclosed that informant is at his shop, when
accused persons dashed his daughter on the ground and also
assaulted him and his daughter and mother-in-law, on account of
previous enmity.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
3/6
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
informant himself alleges that on account of previous enmity,
the occurrence is alleged to have taken place. It is next
submitted that no occurrence as alleged ever took place but even
presuming what has been alleged is true without admitting then
the occurrence took place at the house of the informant and thus
was not in public view. It is also submitted that this perhaps
explains why informant despite receiving notice chooses not to
appear and contest.
5. Learned Special Public Prosecutor opposes the
appeal of the appellants.
6. Considering the submissions, the order impugned is
set aside. Let the appellants, above named, in the event of their
arrest or surrender within a period of six weeks from the date of
receipt of the order, be released on anticipatory bail on
furnishing bail bond of Rs.5,000/- (rupees five thousand) each
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending 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
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
4/6
this appeal stands allowed.
CRIMINAL APPEAL (SJ) No. 4753 of 2025
1. Heard learned counsel for the appellant and the
learned Special P.P. Mr. Sadanand Paswan for the State. No one
appears on behalf of the O.P. No.2.
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 12.09.2025 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge, Kishanganj in connection
with Kishanganj SC/ST P.S. Case No.18/2025, registered under
Sections 126(2), 115(2), 74, 329(4), 351(2), 352 of the BNS as
well as Sections 3(1)(r), 3 (1)(s) and 3(1) (w) of the SC/ST Act.
3. Learned counsel submits that appellant has
antecedent of four cases under the Excise Act and the informant
alleges that accused persons came to his house on 14.05.2025
and enquired about him from his daughter, on which, his
daughter disclosed that informant is at his shop, when accused
persons dashed his daughter on the ground and also assaulted
him and his daughter and mother-in-law, on account of previous
enmity.
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
5/6
4. Learned counsel for the appellant submits that
appellant has been falsely implicated in the instant case by the
informant on account of previous enmity of the informant with
Ankit, Ajit and Amit Giri. It is next submitted that the case
which was instituted by the informant earlier in the said case
present appellant was not an accused. It is also submitted that
Ankit Giri, Ajit Giri and Amit Giri had approached this Court
seeking anticipatory bail by filing Cr. Appeal (SJ) No.4051 of
2025 and the same came to be allowed by an order dated
02.04.2026, thus based on parity, anticipatory bail for the
appellant is sought.
5. Learned Special Public Prosecutor opposes the
appeal of the appellant.
6. Considering the submissions and also taking into
consideration the order dated 02.04.2026 in Cr. Appeal (SJ)
No.4051/2025, the order impugned is set aside. Let the
appellant, above named, in the event of his arrest or surrender
within a period of six weeks from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bond of
Rs.5,000/- (rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending in connection with the aforesaid case,
Patna High Court CR. APP (SJ) No.4051 of 2025(4) dt.02-04-2026
6/6
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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