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Patna High Court

Suraj Patel @ Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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