Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The appeal is allowed; the order denying anticipatory bail is set aside and anticipatory bail is granted subject to bond and sureties.
Summary
The appellants, Prashant Kumar and Sajan Kumar, were accused of taking a loan of Rs.1,40,000 and refusing to repay it, subsequently abusing the informant on a telephone call with caste-based slurs and threats. The FIR was filed under IPC sections 406, 420, 504, 506, 34 and SC/ST Act 3(1)(r)(s). The appellants contended that the dispute was purely civil, had been settled, and they had no criminal antecedent, seeking anticipatory bail which was denied by the Additional Sessions Judge. On appeal, the High Court noted that the alleged threats were made over the phone, the matter was settled as per the informant's petition, and the appellants had no prior record. Consequently, the Court set aside the lower court’s order, granted anticipatory bail subject to a bond and sureties, and directed that any future cancellation of bail could be sought within three months.
Issues considered
- Whether anticipatory bail should be granted to the appellants despite the FIR under IPC and the SC/ST Act.
- Whether the settlement of the civil dispute between the parties bars the continuation of criminal proceedings.
- Whether the alleged caste-based abuse and threats constitute an offence under the SC/ST (Prevention of Atrocities) Act warranting denial of bail.
Legislation cited
- Indian Penal Code — s. 34, 406, 420, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- criminal intimidation
- SC/ST Act
- settlement of dispute
- civil dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4557 of 2025
Arising Out of PS. Case No.-816 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
1. Prashant Kumar S/O Sajan Singh R/O Village- Dhanchhoha, P.S-
Baijnathpur, District.- Saharsa.
2. Sajan Kumar @ Sajan Singh S/O Suresh Prasad Singh R/O Village-
Dhanchhoha, P.S- Baijnathpur, District.- Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Suman Kumar S/O Rajkishor Paswan Presently R/O C/O Ashok Chaudhary,
Khantar Chaowk, P.S and Distt.- Saharsa. Permanent R/O Village- Chirori,
P.O and P.S- Chausa, Distt.- Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dinkar Kumar, Advocate
Mr. Ajit Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the parties.
2. The instant appeal has been preferred against the
order dated 28.8.2025 passed in A.B.P no.419 of 2025 by the
learned Additional Sessions Judge-I-cum-Special Judge, SC and
ST Act, Saharsa and for grant of anticipatory bail in connection
with Saharsa Sadar P.S. Case no.816 of 2024 registered under
sections 406, 420, 504, 506 and 34 of the Indian Penal Code and
section 3(1)(r)(s) of the SC and ST (Prevention of Atrocities)
Act, 1989.
3. As per the prosecution case, the informant states
that the appellants took a total of Rs. 1,40,000/- by way of loan
Patna High Court CR. APP (SJ) No.4557 of 2025(3) dt.23-02-2026
2/3
and inspite of repeated request, they were not ready to return the
same. Finally, he was abused by the appellants on mobile phone
in the name of his caste. The appellants giving threats stated that
he may take whatever steps he wanted to.
4. Learned counsel for the appellants submits that the
appellants have been falsely implicated in the case. The matter
relates to purely a civil dispute relating to transaction of money.
The matter has in fact been settled between the parties, which
would be evident from the petition dated 25.7.2025 (Annexure-
2) filed by the informant in the learned trial Court to bring an
end to the litigation. The appellants have no criminal antecedent
and undertake to cooperate in the case.
5. The appeal is opposed by learned Spl.P.P for the
State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR whereby it is
stated that whatever threats etc as also aspersions in the name of
caste were given, it was over a telephone and not in public view
together with the nature of allegations in the FIR, the matter
having been settled as evident from Annexure-2 and the
appellants not having any criminal antecedent, in the facts of the
case, the Court is inclined to allow the instant appeal.
Patna High Court CR. APP (SJ) No.4557 of 2025(3) dt.23-02-2026
3/3
7. The appeal is allowed and the order dated
28.8.2025 passed in A.B.P no.419 of 2025 by the learned
Additional Sessions Judge-I-cum-Special Judge, SC and ST Act,
Saharsa is hereby set aside.
8. It is directed that both the appellants above named,
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Saharsa Sadar P.S. Case no.816 of 2024
on each of them furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-I-Cum-
Special Judge, SC and ST Act, Saharsa.
9. It may be observed here that in case the matter has
not been settled between the parties, as stated on behalf of the
appellants, it will be open for the respondent no.2 to move this
Court within 3 months for cancellation of bail of the appellants.
(Partha Sarthy, J)
Shiv/-
U T
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