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Patna High Court

Ravi PrakashversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not maintainable where cognizance of the offence has already been taken, and the appeal is dismissed.

Summary

The appellants, nine individuals, appealed against the order of the Exclusive Special Court that denied them anticipatory bail in a case registered under multiple IPC sections and Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act. The FIR alleged that the accused had abused a college principal on caste grounds while disputing the distribution of scholarship funds, and the informant feared for his life. The appellants contended that they were falsely implicated, that the allegations were concoced, and that no offence under the SC/ST Act was made out. The State argued that cognizance had already been taken by the trial court and that the anticipatory bail application was therefore not maintainable. The High Court, after reviewing the FIR and noting that cognizance and a chargesheet were already in place, held that anticipatory bail could not be granted and dismissed the appeal, directing the appellants to surrender within four weeks.

Issues considered

  • Whether anticipatory bail is maintainable when cognizance of the offence has already been taken by the trial court
  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • cognizance
  • SC/ST Act
  • false implication
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4574 of 2025
                          Arising Out of PS. Case No.-8 Year-2014 Thana- SC/ST District- Saran
                 ======================================================
           1.     Ravi Prakash son of Rajendra Prasad @ Rajendra Ray Resident of Village-
                  Marar, P.S-Parsa, Dist-Saran
           2.    Navin Prakash Son of Rajendra Prasad @ Rajendra ray Resident of Village-
                 Marar, P.S-Parsa, Dist-Saran
           3.    Sanjay Kumar @ Sanjay Kumar Rai son of shiv Nath Rai Resident of
                 Village- Anyay, P.S-Parsa, Dist-Saran
           4.    Shailendra Kumar son of Dharam Rai Resident of Village- Saraysaho, PS-
                 Dariapur, dist- Saran
           5.    Chandan Tiwari son of Birendra Tiwari Resident of Village- Gorigawan, P.S-
                 Parsa, Dist-Saran
           6.    Guddu Kumar son of Bharat Prasad Rai Resident of Village- Saraysaho, Ps-
                 Dariapur, Dist-Saran
           7.    Jitendra Rai @ Jitendra Kumar son of Chandrika Rai Resident of Village-
                 Digha, P.S-Parsa, Dist-Saran
           8.    Rakesh Kumar Rai son of subash Rai Resident of Village-Bhalwehiya, P.S-
                 Parsa, Dist-Saran
           9.    Munna chaubey Son of Dev Barat Chaubey Resident of Village- Mirjapur,
                 P.S-Parsa, Dist-Saran

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Dr. Rama Nand Ram son of Late Bachcha ram Resident of Village- Bajrang
                 Nagar, Kashi bazar, chhapra, District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Kumar Rakesh Chandra, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, 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 23.8.2025 passed in A.B.P no.3192 of 2025 by the

                   learned Exclusive Special Court (SC/ST Act), Chapra at Saran
Patna High Court CR. APP (SJ) No.4574 of 2025(3) dt.23-02-2026
                                             2/3




          and for grant of anticipatory bail in connection with SC/ST

          Saran P.S Case no.8 of 2014 registered under sections 147, 341,

          323, 353, 427, 504 and 506 of the Indian Penal Code and

          section 3(i)(x) of the SC/ST (PoA) Act.

                       3. As per the prosecution case, the informant states

          that he is posted on the post of Principal in the college. On the

          date and time of occurrence, the nine named accused persons

          who are the appellants herein came and started to abuse him

          stating that he was distributing the scholarship as per his liking.

          The informant was abused in the name of his caste. The

          informant further states that he apprehends that he may be killed

          any time. As such the F.I.R.

                       4. Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the case. From

          perusal of the contents of the FIR itself it would be evident that

          it was as a result of the improper manner of distribution of the

          scholarship grant money by the informant who happens to be

          the Principal that some dispute arose which has been blown out

          of proportion by the informant. No such occurrence as alleged

          in the FIR has taken place. The allegations levelled in the FIR

          are false and concocted. No offence under the SC/ST (PoA) Act

          is made out against the appellants. No independent witness nor
             Patna High Court CR. APP (SJ) No.4574 of 2025(3) dt.23-02-2026
                                                          3/3




                       the members of the staff etc have supported prosecution case.

                       The appellants undertake to cooperate in the investigation/trial.

                                    5. The appeal is opposed by learned Spl.P.P for the

                       State. Referring to the order of the learned trial Court rejecting

                       the application for bail of the appellants, it is submitted that

                       besides submission of the chargesheet, cognizance has also been

                       taken and as such the instant appeal for grant of anticipatory bail

                       is not maintainable.

                                    6. Having heard learned counsel for the parties and

                       having perused the allegations in the FIR, for the reasons of

                       cognizance having been taken in the learned trial Court as also

                       in an FIR registered in February, 2014, the appellants having

                       moved for anticipatory bail in the year 2025, the Court is not

                       inclined to enlarge the appellants on anticipatory bail.

                                    7. The appeal is rejected.

                                    8. The appellants are directed to surrender in the

                       learned Court below within a period of four weeks.



                                                    (Partha Sarthy, J)
Shiv/-

U        T


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