Patna High Court
Subhankar Kumar @ Subhenkar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 310, 406, 420, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(d), 3(1)(r), 3(1)(s), 3(2)(va), 3(i), 3(i)(dh)
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
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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
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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
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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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