Patna High Court
Vinod MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the taking of cognizance precludes the grant of anticipatory bail and ordered the appellants to surrender.
Summary
The appellants, three residents of Gorhiyari Saidpur, were charged under several IPC offences and sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After a superficial police investigation, the police submitted a final report exonerating them, but the Special Judge nonetheless took cognizance of the case and denied anticipatory bail. The appellants appealed under Section 14‑A(2) of the SC/ST Act, arguing that the police’s exoneration should preclude any further detention. The Special Public Prosecutor contended that the taking of cognizance established a prima facie case, justifying the refusal of bail. The High Court, while inclined to grant anticipatory bail, held that the existence of cognizance barred such relief and ordered the appellants to surrender before the trial court, which was directed to consider their bail application on the same day. The appeal was therefore disposed without granting anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the court has taken cognizance of the offence despite a police report exonerating the accused.
- Whether a prima facie case exists under the SC/ST Act sufficient to deny anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(r), 3(1)(s), 3(w)
Subjects
- anticipatory bail
- cognizance
- SC/ST Act
- prima facie case
- police exoneration
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4222 of 2025
Arising Out of PS. Case No.-2 Year-2022 Thana- NAUGACHIA SC/ST District- Bhagalpur
======================================================
1. Vinod Mandal S/O Rasho Mandal R/O Vill.- Gorhiyari Saidpur, P.S-
Gopalpur,Dist- Bhagalpur
2. Shivan @ Shivan Mandal @ Shiba Kumar S/O Laxman Mandal R/O Vill.-
Gorhiyari Saidpur, P.S- Gopalpur,Dist- Bhagalpur
3. Darshan Kumar @ Darshan Mandal S/O Laxman Mandal R/O Vill.-
Gorhiyari Saidpur, P.S- Gopalpur,Dist- Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Kumod Rajak S/O Ram Vilash Rajak R/O Vill.- Gorhiyari Saidpur, P.S-
Gopalpur, Dist- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari No. 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the appellants and
learned Special Public Prosecutor 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 10.07.2025 in A.B.P. No. 1658 of 2025 passed by
the learned 3rd District & Additional Sessions Judge-cum-
Special Judge SC/ST Act, Bhagalpur in connection with
Naugachia SC/ST P.S. Case No. 02 of 2022 registered under
Sections 341, 323, 504, 506, 354 and 34 of the Indian Penal
Patna High Court CR. APP (SJ) No.4222 of 2025(3) dt.20-01-2026
2/3
Code as well as Sections 3(1)(r)(s) and 3(w) of the SC/ST Act.
3. No one appears on behalf of the informant.
4. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent. It is further submitted that no doubt, an FIR came to
be instituted against the appellants by the informant but then the
police after threadbare investigation came to a considered
conclusion that appellants are innocent and, thus, Final Form
No. 24/2022, dated 15.07.2022 was submitted but then
exonerated the appellants of the allegation but then the learned
trial court differing with the police report took cognizance, thus,
appellants apprehend their arrest. It is next submitted that when
an 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 of cognizance which came to be taken based
on the same police report which exonerated the appellants of the
allegation.
5. Learned Special Public Prosecutor opposed the
prayer for anticipatory bail of the appellants and submits that
since cognizance has been taken that amply demonstrates that a
prima facie case is made out, hence, rigors of Section 18 of the
Patna High Court CR. APP (SJ) No.4222 of 2025(3) dt.20-01-2026
3/3
SC/ST Act is made out.
6. After hearing the learned counsel for the parties,
the Court was inclined to extend the privilege of anticipatory
bail to the appellants but for the order of cognizance, as such,
the appeal is disposed of with a direction to the appellants to
surrender before the learned trial court on 11.02.2026 and the
learned trial court shall consider the case of the appellants on
the same day keeping in mind the fact that the police after
investigation submitted final form exonerating the appellants of
the allegation.
(Satyavrat Verma, J)
Kundan/-
U T
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