Patna High Court
Akhilesh Kumar @ Akhilesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the filing of the charge sheet and cognizance under Section 18 of the SC/ST Act precludes the grant of anticipatory bail.
Summary
Akhilesh Kumar was charged under several IPC sections and Sections 3(1)(r)(s) of the SC/ST Act for allegedly assaulting Shiv Kumar Ram on 2 September 2023, using caste slurs and causing head injuries. The appellant argued that the FIR was lodged after an unjustified ten‑day delay, that the charge sheet was filed mechanically, and that he was falsely implicated due to a prior dispute involving the informant’s wife. The issue before the Patna High Court was whether anticipatory bail could be granted under the SC/ST Act in view of the filing of the charge sheet and the court’s cognizance of the case. The court noted that once a charge sheet is filed, Section 18 of the SC/ST Act bars the grant of anticipatory bail. Consequently, the appeal was disposed of, directing the appellant to surrender before the trial court on 6 April 2026, after which the trial court would consider the matter.
Issues considered
- Whether anticipatory bail can be granted under the SC/ST Act after a charge sheet has been filed and cognizance taken (Section 18).
- Whether the delay in filing the FIR and alleged false implication affect the grant of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 34, 341, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- Section 18
- FIR delay
- charge sheet
- cognizance
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5595 of 2023
Arising Out of PS. Case No.-255 Year-2023 Thana- NASRIGANJ District- Rohtas
======================================================
Akhilesh Kumar @ Akhilesh Chaudhary Son of Chandrama Chaudhary
Resident of Village - Panduri Tola, Baburiya Bigha, P.S.- Nasriganj, District -
Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Shiv Kumar Ram Son of Late Ram Jeet Ram Resident of Village - Panduri
Tola, Baburiya Bigha, P.S.- Nasriganj, District - Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Babu Nandan Prasad, Adv.
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-03-2026 1. Heard learned counsel for the appellant, learned
Special P.P. Mr. Sadanand Paswan 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 07.11.2023 passed by the learned ADJ-XVII-cum
Exclusive Special Judge, SC/ST Act, Rohtas at Sasaram in
connection with Nasariganj P.S. Case No.255/2023, registered
under Sections 341, 323, 324, 504, 506, 34 of the Indian Penal
Code as well as Sections 3(1)(r)(s) of the SC/ST Act, 1989.
Patna High Court CR. APP (SJ) No.5595 of 2023(3) dt.24-03-2026
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3. Learned counsel for the appellant submits that the
appellant has antecedent of one case but then the said case was
also instituted by the wife of the present informant. It is next
submitted that informant alleges that he was going to purchase
medicine for his cattle on 02.09.2023 at 11.30 A.M., when he
was intercepted by the appellant along with three unknown
accused, it is next alleged that informant was abused by the
appellant by taking caste name and threatened to kill him, if the
case is not compromised and assaulted him by rod causing
injury on head and three unknown accused assaulted him by
fighter and fled.
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 earlier the wife of the
informant had implicated the appellant in a case relating to
SC/ST, which is pending. It is further submitted that the date of
occurrence is 02.09.2023 and the FIR was instituted on
10.09.2023 i.e. after a delay of ten days without any plausible
explanation of delay and the FIR was sent to the learned trial
court on 16.09.2023 i.e. six days after the FIR was instituted,
which also casts an aspersion on the case of the prosecution. It
is next submitted that wife of the informant is Sarpanch as such
Patna High Court CR. APP (SJ) No.5595 of 2023(3) dt.24-03-2026
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the appellant and the villagers were opposing her decision,
which led to institution of the instant false case but then police
in a mechanical manner submitted charge sheet without
investigating the case in its correct perspective.
5. Learned Special Public Prosecutor and the learned
counsel appearing on behalf of the informant opposes the prayer
for anticipatory bail of the appellant but then are not in a
position to rebut the submission of the learned counsel
appearing on behalf of the appellant that the date of occurrence
is 02.09.2023 and the FIR came to be instituted on 10.09.2023
and the same was sent to the learned trial court on 16.09.2023.
6. After hearing the learned counsel for the parties, the
Court was inclined to grant the privilege of anticipatory bail to
the appellant but since it has been submitted that charge sheet
has been submitted and cognizance taken, as such the rigors of
Section 18 of the SC/ST Act applies, hence the appeal is
disposed of with a direction to the appellant to surrender before
the learned trial court on 06.04.2026 and if the appellant
surrenders before the learned trial court on 06.04.2026, in that
event, the learned trial court shall consider the case of the
appellant on the same day.
7. The order has been passed in presence of the
Patna High Court CR. APP (SJ) No.5595 of 2023(3) dt.24-03-2026
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learned counsel appearing on behalf of the informant.
8. Accordingly, the appeal stands disposed of.
(Satyavrat Verma, J)
amit/-
U T
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