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Patna High Court

Uttam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal was disposed of without granting anticipatory bail, directing the appellants to surrender before the trial court, with the trial court to consider the benefit of Section 41A and their cooperation.

Summary

Uttam Kumar and Gautam Kumar were charged under several IPC offences and provisions of the SC/ST (Prevention of Atrocities) Act in a case registered at Gaya. During investigation they received a notice under Section 41A of the CrPC, cooperated fully and were not arrested, yet a charge‑sheet was filed and cognizance was taken. They applied for anticipatory bail under Section 14A(2) of the SC/ST Act, but the Exclusive Special Judge refused the prayer. On appeal, the High Court considered whether cognizance alone justified denial of bail despite the police’s lack of arrest and the appellants’ cooperation, and examined the applicability of Section 18 of the SC/ST Act which imposes a presumption against bail. The Court, while inclined to extend anticipatory bail, ultimately disposed of the appeal, directing the appellants to surrender before the trial court on a specified date. The trial court was instructed to dispose of the matter on the same day, taking into account the benefit of Section 41A and the cooperation shown by the appellants.

Issues considered

  • Whether anticipatory bail can be granted under Section 14A(2) of the SC/ST Act when cognizance has been taken.
  • Whether the presumption against bail under Section 18 of the SC/ST Act applies in the present facts.
  • Whether the fact that police did not arrest the accused and they cooperated with investigation influences the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • SC/ST Act
  • Section 41A CrPC
  • Section 18 SC/ST Act
  • cooperation with investigation
  • scheduled caste atrocities

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4078 of 2024
                         Arising Out of PS. Case No.-110 Year-2024 Thana- AMAS District- Gaya
                 ======================================================
           1.     Uttam Kumar Son of Prem Yadav Resident of Village - Chature Khap, P.S. -
                  Amas, District- Gaya
           2.    Gautam Kumar Son of Prem Yadav Resident of Village - Chature Khap, P.S.
                 - Amas, District- Gaya

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Manorma Devi Wife of Vikash Paswan Resident of Village - Chature Khap,
                 Ramuachak, P.S. - Amas, District- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Md. Javed Jafar Khan, Advocate
                 For the State           :        Mr. Sadanand Paswan, Special P.P.
                 For the Informant       :        Mr. Shailesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   08-01-2026                 Heard learned counsel for the appellants, Mr. Sadanand

                   Paswan, learned Special P.P. for the State as well as learned

                   counsel appearing on behalf of the informant.

                               2. This is an appeal under Section 14A(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 05.08.2024,

                   passed by learned Exclusive Special Judge, SC/ST, Gaya in

                   connection with Amas P.S. Case No.110 of 2024, registered under

                   Sections 323, 341, 379, 354B, 504, 506, 147 and 149 of the Indian

                   Penal Code as well as Sections 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)
Patna High Court CR. APP (SJ) No.4078 of 2024(4) dt.08-01-2026
                                             2/3




          (va) of SC/ST (POA) Act.

                       3. The learned Special P.P., at the outset, submits after

          perusing the case diary that appellants, during the course of

          investigation, were given notice under Section 41A of the Cr.P.C.

          It is next submitted that thereafter charge sheet came to be

          submitted based on which cognizance came to be taken.

                       4. The learned counsel appearing on behalf of the

          appellants does not dispute the said submission of the learned

          Special P.P. but then submits that appellants co-operated in the

          investigation and the police never felt the need of arresting them

          but then charge sheet came to be submitted based on which

          cognizance came to be taken. It is thus, submitted that when

          police, during the course of investigation, never felt the need of

          arresting the appellants, whether it would be prudent for the Court

          to send the appellants to jail based on an order of cognizance.

                       5. The learned Special P.P. and the learned counsel

          appearing on behalf of the informant oppose the appeal but then

          are not in a position to rebut the submission of the learned counsel

          appearing on behalf of the appellants that police, during the course

          of investigation, never felt the need of arresting the appellants and

          appellants co-operated in the investigation but then learned Special

          P.P. submits that cognizance signifies a prima facie offence and

          thus rigors of Section 18 of the SC/ST Act would apply.
               Patna High Court CR. APP (SJ) No.4078 of 2024(4) dt.08-01-2026
                                                            3/3




                                      6. After hearing the learned counsel for the parties, the

                         Court was inclined to extend the privilege of anticipatory bail to

                         the appellants but then since cognizance has been taken, as such,

                         the appeal is disposed of with a direction to the appellants to

                         surrender before the learned Trial Court on 19.01.2026 and the

                         learned Trial Court shall, on the same day, dispose of the case

                         keeping in mind the fact that appellants were given benefit of

                         Section 41A of the Cr.P.C. and the police, during the course of

                         investigation, never felt the need of arresting the appellants and the

                         appellants co-operated in the investigation.


                                                    (Satyavrat Verma, J)

Sanjay/-

U          T


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