Created by Fuzzy Cloud

Patna High Court

Indradeo SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of any specific allegation against the appellant and considering his clean antecedent, the court held that anticipatory bail must be granted.

Summary

The appellant, Indradeo Sah, was charged under multiple IPC sections and Sections 3(i) and 3(x) of the SC/ST (Prevention of Atrocities) Act for allegedly defrauding a complainant and assaulting her. The complainant had paid Rs.25,000 for a promised job as an ASHA, which was not provided, and later alleged physical assault and theft of jewellery by the accused. The appellant sought anticipatory bail, which was denied by the Additional Sessions Judge. On appeal, the High Court noted that no specific allegation or overt act was recorded against the appellant in the inquiry, that he is an elderly man with a clean record, and that the complainant had died. Consequently, the Court granted bail on condition of surrender and set aside the lower court’s order, allowing the appeal.

Issues considered

  • Whether the appellant can be granted anticipatory bail in the absence of a specific allegation against him under the SC/ST (Prevention of Atrocities) Act.
  • Whether a prima facie case exists against the appellant based on the evidence on record.
  • Whether the order of the Additional Sessions Judge denying anticipatory bail is sustainable.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • fraud
  • assault
  • criminal appeal
  • clean antecedent
  • bail order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4872 of 2025
                 Arising Out of PS. Case No.-45 Year-2021 Thana- SAHARSA COMPLAINT CASE District-
                                                         Saharsa
                 ======================================================
                 Indradeo Sah Son of Late Sakhi Sah @ Sokhi Sah Resident of Village-
                 Kachara, Ward No. 11, P.S.- Sour Bazar, District- Saharsa
                                                                               ... ... Appellant/s
                                                   Versus
                 The State of Bihar.                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Deepak Kumar Singh, Advocate.
                 For the Respondent/s   :        Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   23-02-2026                 Heard learned counsel for the appellant, learned Spl.

                   Public Prosecutor appearing on behalf of the State.

                               2. This appeal has been filed against the order dated

                   07.11.2025 passed by learned A.D.J. 1st–cum–Special Judge,

                   SC/ST (POA) Act, Saharsa in connection with A.B.P. No.978 of

                   2025 arising out of Complaint Case No.45(C) of 2021, registered

                   under Sections 341, 323, 354, 379, 467, 468, 420, 120(B) of the

                   Indian Penal Code and Sections 3(i)(x) of Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the

                   prayer for anticipatory bail of appellant has been rejected.

                               3. As per the F.I.R., the complainant has appeared in

                   merit list of Asha in Panchayat but the accused persons misled

                   her and told her that she will get her appointment on the post of

                   Asha after one month for which she has to pay Rs.25,000/- for

                   office expenses. Some how she managed the said amount and
Patna High Court CR. APP (SJ) No.4872 of 2025(2) dt.23-02-2026
                                             2/3




          given to accused persons but after lapse of one month the

          accused persons avoided to appoint her. In the meantime, co-

          accused Ram Chandra Sah brought one Paro Devi and told the

          Doctor that she is the Geeta Devi/complainant and illegally

          appointed the said Paro Devi on the post of Asha. It is further

          stated that accused persons by playing fraud cheated Rs.25,000/-

          from the complainant for which a panchayati also took place but

          the accused persons avoided the same. It is also alleged that

          when the complainant went to the house of accused persons and

          demanded her money then the appellant and accused Ram

          Chandra Sah abused her by caste name and caught her hair and

          fallen her on the ground and also assaulted her by let and fist and

          in due course forcibly took out her golden earring of eight Ana

          bhar worth Rs.30,000/-.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and has falsely been implicated in the

          present case. He further submits that no allegation of any overt

          act is made by the complainant and her husband against the

          appellant during the inquiry. Learned counsel submits that

          specific allegation has been made against co-accused Ram

          Chandra Sah. He further submits that appellant is an old person

          aged about 72 years who has got clean antecedent. Learned

          counsel submits that there is no specific overt act against the
            Patna High Court CR. APP (SJ) No.4872 of 2025(2) dt.23-02-2026
                                                         3/3




                      appellant, as such, no prima facie offence under SC/ST Act is

                      made out against the appellant. He further submits that

                      complainant of the present case had already been died.

                                   5. Learned Spl. Public Prosecutor for the State

                      opposed the prayer for bail of the appellant.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, the rival submissions advanced on behalf of the parties

                      and the fact that there is no specific allegation against the

                      appellant in the deposition of inquiry witnesses as well as the

                      clean antecedent of appellant, let the appellant, as named above,

                      in the event of their arrest/surrender within a period of six weeks

                      from today, be enlarged on bail on furnishing bail-bond of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned Additional Sessions

                      Judge-1st-cum-Special Judge, SC/ST (POA) Act, Saharsa in

                      connection with A.B.P. No.978 of 2025 arising out of Complaint

                      Case No.45(C) of 2021.

                                   7. Accordingly, the impugned order dated 07.11.2025

                      is set aside and this criminal appeal is allowed.



                                               (Sunil Dutta Mishra, J)
Ritik/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.