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Patna High Court

Prashant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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