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Patna High Court

Subhankar Kumar @ Subhenkar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail with conditions.

Summary

The appellant, Subhankar Kumar, a driver, was implicated in a case filed under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, based on a dispute over a Rs.4.10 lakh loan allegedly taken by the accused. The informant claimed caste-based abuse when the loan was not repaid, leading to a criminal complaint. The appellant contended that the matter was a civil dispute, that he had a clean record, and that the allegations were false and intended to coerce him. He appealed the lower court’s refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act. The Patna High Court, after hearing counsel, held that anticipatory bail should be granted, set aside the lower court’s order, and imposed bail conditions under Section 438(2) of the CrPC. Consequently, the appeal was allowed and the appellant was released on anticipatory bail.

Issues considered

  • The applicability of Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act to grant anticipatory bail.
  • Whether the allegations constitute a cognizable offence under the IPC and SC/ST Act or merely a civil dispute.
  • Whether the lower court erred in refusing anticipatory bail in the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • civil dispute
  • Criminal Procedure Code
  • IPC offences
  • caste abuse

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4948 of 2024
                       Arising Out of PS. Case No.-29 Year-2024 Thana- SC/ST District- Sheikhpura
                 ======================================================
                 Subhankar Kumar @ Subhenkar Kumar S/O Bhola Sharma Resident of
                 Village- Nadsena, Police Station- Sitamarhi, District- Nawada.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rikki Raj S/O Late Nandu Chaudhary R/O Village- Husainabad, P.S-
                 Ariyari, Distt.- Sheikhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :         Mr. Nilendu Kumar Choudhary
                 For the Respondent/s    :         Ms. Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-04-2026                 1. Heard the learned counsel for the appellant, learned

                   Special P.P. Ms. Usha Kumari No.1 and the learned counsel

                   appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 05.09.2024 in A.B.P. No. 494/2024 passed by the

                   learned 1st Additional District and Sessions Judge-cum-Special

                   Judge, SC/ST Act, Sheikhpura in connection with Sheikhpura

                   SC/ST P.S. Case No. 29/2024 registered under Sections 504,

                   506, 406, 420, 310, 120(B) of the Indian Penal Code as well as
Patna High Court CR. APP (SJ) No.4948 of 2024(3) dt.23-04-2026
                                             2/4




          Sections 3(1)(r), 3 (1)(s), 3(1)(d), 3(i)(dh), 3(i) and 3(2)(va) of

          the SC/ST (POA) Act.

                       3. Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and the informant

          alleges that he was driver of the accused persons from

          01.01.2021 till 30.12.2022 and was getting salary of Rs.12,000/-

          per month, next alleges that on 24.03.2022, the accused persons

          took Rs.4,10,000/- from him on pretext of constructing a house,

          further when informant demanded his wages and the loaned

          amount, the accused abused him by taking caste name, next

          alleges that he complained to the Sheikhpura Police Station,

          where accused on stamp paper gave in writing that the money

          would be returned within six months, next alleges that despite

          service of legal notice, the accused did not return his money.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from bare perusal of the

          allegation as alleged in the FIR, it would manifest that the

          informant himself alleges that he was working as a driver with

          the accused persons including the appellant on a monthly salary

          of Rs.12,000/-. It is further submitted that it does not appear

          probable that the appellant who had employed the informant as
Patna High Court CR. APP (SJ) No.4948 of 2024(3) dt.23-04-2026
                                             3/4




          a driver would have taken loan of Rs.4 lacs and odd from him

          for the purposes of constructing his house. It is further

          submitted that though in the FIR it is alleged that a complaint

          was made to Sheikhpura P.S., where in presence of the police

          official, the appellant in writing on a stamp paper gave an

          undertking that the money would be returned but then no such

          complaint was ever made before the police. It is next submitted

          that as far as allegation of abuse is alleged, the same is general

          and omnibus in nature and the occurrence of abuse did not take

          place in public view. It is thus submitted that even presuming

          what has been alleged is true without admitting then the nature

          of dispute is civil for which the informant ought to have moved

          before a court of competent civil jurisdiction for getting the lis

          adjudicated where appellant would have got a chance to appear

          and rebut his claim but then a criminal case has been instituted

          only with a view to coerce the appellant into submission so that

          appellant under fear of arrest parts with fanciful demand of the

          informant.

                       5. Learned Special Public Prosecutor and the learned

          counsel appearing on behalf of the informant opposes the appeal

          of the appellant.

                       6. After hearing the learned counsel for the parties,
             Patna High Court CR. APP (SJ) No.4948 of 2024(3) dt.23-04-2026
                                                          4/4




                       the appellant, above named, in the event of his arrest or

                       surrender within a period of six weeks from the date of receipt

                       of the order, be released on anticipatory bail on furnishing bail

                       bond of Rs.5,000/- (rupees five thousand) with two sureties of

                       the like amount each to the satisfaction of the learned court

                       below where the case is pending in connection with the

                       aforesaid case, subject to the conditions as laid down under

                       Section 438(2) of the Code of Criminal Procedure.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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