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Patna High Court

Akhilesh Kumar @ Akhilesh ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                             2/4




                       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
                                                          4/4




                       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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