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Patna High Court

Aarti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

When a trial court has taken cognizance of an offence despite a police exoneration, anticipatory bail under the SC/ST Act cannot be granted and the accused must surrender for trial.

Summary

The appellants, five residents of Kushar Purwari village, appealed to the Patna High Court under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act seeking anticipatory bail after a trial court had taken cognizance of offences alleged in a land‑dispute case, despite a police final report exonerating them. They contended that the allegations of assault and caste‑based abuse were vague, that they had clean antecedents, and that they were falsely implicated by the informant. The State argued that the trial court’s cognizance created a prima facie case under Section 18 of the SC/ST Act, justifying denial of bail. The Court, while sympathetic, held that because cognizance had been taken, anticipatory bail could not be granted; instead it ordered the appellants to surrender on 20‑04‑2026 and directed the trial court to dispose of the matter on the same day. Consequently, the appeal was disposed without granting bail.

Issues considered

  • Whether anticipatory bail can be granted under the SC/ST Act when the trial court has taken cognizance of the offence despite a police exoneration.
  • Whether a prima facie case exists under Section 18 of the SC/ST Act in the present facts.
  • Whether the appellants’ claim of false implication and clean antecedents warrants anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • cognizance
  • prima facie offence
  • land dispute
  • false implication
  • police exoneration

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4064 of 2025
                 Arising Out of PS. Case No.-118 Year-2024 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
           1.     Aarti Devi W/o- Late Mukesh Singh Resident of Village-Kushar Purwari
                  Tola PS- Tariyani, Dist- Sheohar
           2.    Nirmala Devi W/o- Late Ramnaresh Singh Resident of Village-Kushar
                 Purwari Tola PS- Tariyani, Dist- Sheohar
           3.    Vinod Singh S/o- Late Ramnaresh Singh Resident of Village-Kushar
                 Purwari Tola PS- Tariyani, Dist- Sheohar
           4.    Arun Singh S/o- Late Ramnaresh Singh Resident of Village-Kushar Purwari
                 Tola PS- Tariyani, Dist- Sheohar
           5.    Madhuranjan Kumar S/o- Late Ramnaresh Singh Resident of Village-Kushar
                 Purwari Tola PS- Tariyani, Dist- Sheohar

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ramchandra Ram S/o- Late Keshwar Ram R/v- Surgahi Ps- Tariyani Dist-
                 Sheohar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ajit Kumar
                 For the Respondent/s   :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   06-04-2026                 1. Heard learned counsel for the appellants and

                   learned Spl. P.P. for the State.

                               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 28.08.2025 in A.B.P. No.335/2025, passed by the

                   learned 1st District and Additional Sessions Judge-cum-Special
Patna High Court CR. APP (SJ) No.4064 of 2025(5) dt.06-04-2026
                                             2/4




          Judge S.C./S.T. (POA) Act, in connection with Tariyani P.S.

          Case No.118/2024 registered for the offences punishable under

          Sections of the Indian Penal Code as well as Sections 341, 323,

          420, 406, 467, 468 and 504 of the Indian Penal Code and

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

                       3. Learned counsel for the appellants submits that the

          appellants are persons with clean antecedent and appellant no.1

          and 2 are women and the informant alleges that on the date of

          occurrence, all the accused persons came to the informant’s

          house and asked him to vacate the land as the land belongs to

          them, on objection, it is alleged that all the accused persons

          started assaulting and abusing him by taking caste name and

          and fled when people gathered threatening that if land is not

          vacated the informant would be killed.

                          4. Learned counsel for the appellants submits that

          the appellants have been falsely implicated in the instant case by

          the informant. It is next submitted that on account of dispute

          relating to land the occurrence is alleged to have taken place. It

          is also submitted that allegation of abuse and assault is not

          specific rather is general and omnibus in nature. It is next

          submitted that police after investigation submitted final form

          exonerating the appellants of the allegation as alleged in the FIR
Patna High Court CR. APP (SJ) No.4064 of 2025(5) dt.06-04-2026
                                             3/4




          but then the learned trial court differing with the police report

          took cognizance as such appellants apprehend arrest. It is fairly

          submitted that since cognizance has been taken by the learned

          trial court differing with the police report as such a prima facie

          offence is made out and hence rigors of Section 18 of the SC/ST

          Act will apply but then it is submitted that when one

          investigating agency after threadbare investigation came to a

          considered conclusion that appellants are innocent whether it

          would be prudent for the court to send the appellants to jail

          based on an order to cognizance which came to be taken on the

          same police report which had exonerated the appellants of the

          allegation.

                          5. Learned Spl. P.P. for the State and the learned

          counsel appearing on behalf of the informant opposes the prayer

          for anticipatory bail of the appellant and submits that since

          cognizance has been taken by the learned trial court differing

          with the police report as such a prima facie offence is made out.

                           6. After hearing the learned counsel for the parties,

          the Court was inclined to grant the privilege of anticipatory bail

          to the appellants but for the order of cognizance as such the

          appeal is disposed of with a direction the appellants to surrender

          before the learned trial court on 20.04.2026.
             Patna High Court CR. APP (SJ) No.4064 of 2025(5) dt.06-04-2026
                                                          4/4




                                        7. It is made clear, if appellants surrender on

                       20.04.2026, in that event, the learned trial court shall consider

                       and dispose of the appeal on the same day keeping in mind that

                       police after investigation had submitted final form exonerating

                       the appellants of the allegation.

                                        8. The appeal stands disposed of.




                                                  (Satyavrat Verma, J)
amit/-

U        T


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