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Patna High Court

Baijanti Kuvar @ Bejanti Gupta @ Baijanti KunwarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The anticipatory bail application is maintainable and the order rejecting it is set aside.

Summary

The appellant Baijanti Kuvar challenged the order of the Additional District and Sessions Judge that rejected her anticipatory bail application in a case alleging offences under the IPC and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that she, along with others, snatched Rs.30,000 and assaulted the informant, a member of the SC/ST community. The appellant contended that the case was fabricated to recover money and no SC/ST specific offence was made out. The High Court observed that the FIR did not show a caste‑based offence and that the prosecution was a mala‑fide attempt to misuse the SC/ST Act, rendering the anticipatory bail application maintainable. Consequently, the appeal was allowed, the lower court's order was set aside, and the appellant was directed to be released on bail upon furnishing bonds and sureties with conditions under CrPC sections 438(2) and 482(2).

Issues considered

  • Whether the anticipatory bail application is maintainable when the alleged offence under the SC/ST Act is alleged to be fabricated and not based on caste grounds
  • Whether the FIR discloses an offence punishable under the SC/ST (Prevention of Atrocities) Act
  • Whether the order rejecting anticipatory bail should be set aside

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false prosecution
  • money recovery dispute
  • bail conditions
  • IPC offences
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5531 of 2024
                          Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Rohtas
                 ======================================================
                 Baijanti Kuvar @ Bejanti Gupta @ Baijanti Kunwar W/O Late Sanju Gupta
                 R/O Village- Raipurchor, P.S- Baddi, Distt.- Rohtas.

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Munni Paswan S/O Late Dashrath Paswan R/O Village- Raipurchor, P.S-
                 Baddi, Distt.- Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Sadanand Roy, Advocate
                 For the Respondent/s     :        Mr.Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   03-04-2026                    Heard the parties.

                               2. This appeal is preferred against the order dated

                   24.10.2024 passed by learned Additional District and Sessions

                   Judge-17-cum- Exclusive Special Judge, SC/ST Act, Rohtas at

                   Sasaram in connection with Dehri P.S. Case No. 09 of 2024

                   registered for the offence under Sections 341, 323, 379, 406,

                   506 and 504/34 of the I.P.C. and under section 3 (2) (va), 3(1),

                   (r), 3 (1) (s) of S.C/S.T. (POA) Act by which anticipatory bail

                   filed by the appellant has been rejected.

                               3. As per the prosecution case, the appellant along

                   with other accused is said to have snatched Rs. 30,000/- from

                   the informant and have also assaulted him.
Patna High Court CR. APP (SJ) No.5531 of 2024(5) dt.03-04-2026
                                             2/3




                       4. Learned counsel for the appellant submits that the

          appellant has falsely been implicated in this case and no offence

          under the provisions of SC/ST Act is made out as for recovery

          of money, this false and fabricated case has been lodged against

          the appellant and therefore the application of the anticipatory

          bail is maintainable.

                       5. Learned counsel for the State has opposed the

          prayer of the appellant.

                       6. From the reading of the entire FIR it does not

          appear that offence has been committed against the informant on

          the ground that she is a member of SC/ST community and

          primarily, it appears that dispute over recovery of money has

          been given colour of criminal case and such type of mala fide

          prosecution cannot be allowed to continue, therefore, this

          application for grant of anticipatory bail is held to be

          maintainable.

                       7. Considering the facts of the case and the rival

          submissions of the parties, this appeal is allowed and

          accordingly, the order dated 24.10.2024 passed by learned

          Additional District and Sessions Judge-17-cum- Exclusive

          Special Judge, SC/ST Act, Rohtas at Sasaram in connection with

          Dehri P.S. Case No. 09 of 2024, is hereby set aside.
              Patna High Court CR. APP (SJ) No.5531 of 2024(5) dt.03-04-2026
                                                           3/3




                                     8. Let the appellant, in the event of his arrest or

                        surrender within four weeks from today, be released on bail on

                        furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Additional District and Sessions Judge-17-cum-

                        Exclusive        Special       Judge,       SC/ST      Act,   Rohtas   at

                        Sasaram/concerned Court below in connection with Dehri P.S.

                        Case No. 09 of 2024, subject to the conditions laid down under

                        Section 438(2) of the Code of Criminal Procedure/482(2) of the

                        BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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