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Patna High Court

Vikram PatelversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the lower court's order and rejected the appellant's plea for anticipatory bail.

Summary

Vikram Patel was accused of taking a Rs.9 lakh loan from Subhash Kumar Satyarthi, issuing three cheques that later bounced, and allegedly abusing the complainant with caste-based slurs. He was charged under IPC sections 406, 420, 387, the Negotiable Instruments Act section 138, and the SC/ST (Prevention of Atrocities) Act 3(1)(r). Patel applied for anticipatory bail, which the Special Judge rejected; he appealed to the Patna High Court. The High Court examined the gravity of the offences, the appellant's conduct, and the applicability of the SC/ST Act, and found no merit to interfere with the lower court's decision. Consequently, the court dismissed the appeal and denied anticipatory bail.

Issues considered

  • Whether the appellant is entitled to anticipatory bail in view of the offences alleged under the IPC, NI Act and SC/ST Act.
  • Whether the facts constitute an offence punishable under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the nature and gravity of the offences justify the denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • bounced cheques
  • SC/ST Act
  • caste harassment
  • high court
  • bail rejection

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4434 of 2024
                     Arising Out of PS. Case No.-1175 Year-2022 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Vikram Patel Son of Late Ramchandra Patel Resident of Village - M.S.
                 Collere Road Chanmari, P.S. - Town Motihar, District - East Champaran
                                                                             ... ... Appellant/s
                                                   Versus
           1.     The State of Bihar
           2.     Subhash Kumar Satyarthi Son of Rajendra Paswan Resident of Village-
                  Majurahan, P.S. - Turkauliya, District - East Champaran
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Abhishek Kumar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl. Public Prosecutor
                 For the R.No. 2        :        Mr. Madhurendra Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   02-04-2026                 Earlier, the case was referred to mediation center vide

                   order dated 07.11.2025 but as per Mediator’s Report dated

                   12.12.2025 kept at Flag ‘K’, mediation between the parties has

                   failed as appellant did not appear for the process of mediation,

                   on three consecutive dates.

                               2. Heard learned counsel appearing on behalf of the

                   parties.

                               3. This criminal appeal has been filed against the

                   order dated 16.06.2023 passed by learned Special Judge SC/ST

                   (POA) Act, East Champaran, Motihari in ABP No. 1868 of 2023

                   arising out of Turkauliya (Raghunathpur) P.S. Case No. 1175 of

                   2022, registered under Sections 406, 420, 387 of the Indian

                   Penal Code, Section 138 of the Negotiable Instruments Act and
Patna High Court CR. APP (SJ) No.4434 of 2024(6) dt.02-04-2026
                                             2/3




          Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes

          (Prevention of Atrocities) Act, whereby the prayer for

          anticipatory bail of appellant has been rejected.

                       4. As per F.I.R., appellant took loan of Rs. 9 lacs from

          the complainant and when he demanded his money, appellant

          gave him three cheques which got bounced due to insufficiency

          of funds. When complainant went to ask about the same to

          appellant, this appellant abused him by caste name.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and has committed no offence. Appellant

          has falsely been implicated in this case with ulterior motive. It is

          not the case of complainant that any member of public was

          present when the alleged incident occurred and as such, no case

          under SC/ST Act is made out against the appellant. Appellant

          claims clean antecedent.

                       6. However, learned SPP appearing for the State as

          well as learned counsel for the complainant vehemently opposes

          the prayer for bail application. Appellant is author of cheques

          which got bounced due to insufficiency of funds.

                       7. Considering the nature of accusation, gravity of the

          offence and conduct of the appellant, I do not find any ground to

          interfere with the order of the learned court below and as such,
              Patna High Court CR. APP (SJ) No.4434 of 2024(6) dt.02-04-2026
                                                           3/3




                        the appeal, which has been filed for grant of anticipatory bail, is

                        hereby rejected.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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