Patna High Court
Baijanti Kuvar @ Bejanti Gupta @ Baijanti KunwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 323, 341, 379, 406, 504/34, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(va)
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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