Patna High Court
Aarti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 323, 341, 406, 420, 467, 468, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(r)(s), 3(2)(Va)
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
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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
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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
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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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