Patna High Court
Suraj Patel @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was not granted; the appeal was dismissed.
Summary
The appellants, Suraj Patel and Dharmendra Patel, appealed to the Patna High Court against the refusal of anticipatory bail under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They contended that they have clean antecedents and were falsely implicated in a violent incident where the informant’s son was allegedly stabbed by Aman Patel, who later confessed to the offence. The State argued that specific allegations directly implicate the appellants in the assault and that the injuries sustained by the victim indicate their participation, and that the investigation is ongoing. The court examined the allegations, the confession of Aman Patel, and the seriousness of the charges, and concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the court rejected the bail application and dismissed the appeal.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act in view of the alleged involvement and ongoing investigation.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(ii)(v)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- criminal appeal
- bail jurisprudence
- scheduled castes
- scheduled tribes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4416 of 2025
Arising Out of PS. Case No.-322 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Suraj Patel @ Suraj Kumar S/O Binod Patel @ Binod Prasad Resident of
Village - Khadda Pokhra tola, Ward no. - 06 P.S.- Nautan, District- West
Champaran.
2. Dharmendra Patel @ Dharmendra Kumar Son of Bhagrashan Patel @
Bhagrashan Raut Resident of Village - Khadda Pokhra tola, Ward no. - 06
P.S.- Nautan, District- West Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramrati Devi W/o.- Ashok Paswan Resident of Village - Khadda Pokhra
Tola, Ward no- 4, P.S.- Nautan, District- West Champaran, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Mayank Mohan, Advocate
For the Respondent/s : Mr. Binay Krishna, Special P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the appellants and learned
Special 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 20.09.2025, passed by learned Additional Sessions
Judge-1st-cum-Special Judge (SC/ST Act), Bettiah, West
Champaran in connection with Nautan P.S. Case No.322 of
2025, registered under Sections 126(2), 115(2), 109, 351(2) and
Patna High Court CR. APP (SJ) No.4416 of 2025(3) dt.21-01-2026
2/3
3(5) of B.N.S., 2023 as well as Section 3(ii)(v) of SC/ST (POA)
Act, 1989.
3. Learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and the informant alleges that her son along with his
friend were going to Bettiah on motorcycle, when named
accused persons along with three unknown accused intercepted
them and Aman Patel stabbed her son causing injury on
stomach. Thereafter, Suraj Patel said to assault against as he is
alive. Thereafter, Dharmendra Patel stabbed on back of her son’s
chest.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that son of the informant had
made viral a photograph of the sister of Aman Patel on social
media and on account of which a dispute had arisen in between
Aman Patel and son of the informant and on account of which
the occurrence is alleged to have taken place. It is next
submitted that since appellants are friends of Aman Patel hence,
they also came to be implicated when they were not even
present at the place of occurrence. It is also submitted that Aman
has been arrested and his confessional statement has been
Patna High Court CR. APP (SJ) No.4416 of 2025(3) dt.21-01-2026
3/3
recorded wherein he has stated that it was he who stabbed the
son of the informant. Further, he also received injury on head.
5. The learned Special P.P. opposes the appeal and
submits that there is a specific allegation against Suraj asking
the accused to assault her son as he was alive and thereafter
appellant no.2 stabbed him causing injury on back of his chest.
It is further submitted that even presuming what Aman Patel has
confessed to be correct but still from perusal of the order
impugned, it would manifest that injured received three knife
injuries which amply demonstrates the conduct of the accused
persons including the appellants. It is also submitted that
investigation in the case is continuing.
6. Considering the submissions made by learned
Special P.P., the Court is not inclined to extend the privilege of
anticipatory bail to the appellants. Accordingly, the prayer for
grant of anticipatory bail to the appellants is hereby rejected.
7. The appeal stands dismissed.
(Satyavrat Verma, J)
Sanjay/-
U T
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