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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court inclined to grant anticipatory bail but disposed the appeal, directing the appellant to surrender before the trial court on 20‑04‑2026 for further consideration.

Summary

The appellant, Vishal Kumar, appealed to the Patna High Court under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of anticipatory bail by the Additional District and Sessions Judge. The informant alleged that on 1 July 2023 the appellant and others abused her and her son using caste slurs and assaulted them at her residence. The appellant contended that the FIR was vague, the alleged acts occurred inside a private house, and that the police investigation had exonerated him in a final report. The trial court, however, took cognizance of the case despite the police exoneration and denied anticipatory bail. The High Court, noting the police’s exoneration and the lack of specific allegations, inclined to grant anticipatory bail but disposed the appeal with a direction that the appellant surrender before the trial court on 20‑04‑2026, where the trial court would consider the appeal on the same day.

Issues considered

  • Whether anticipatory bail should be granted to the appellant despite the trial court’s cognizance of the offence under the SC/ST Act.
  • Whether the police’s exonerating final report negates the prima facie case required for cognizance under Section 18 of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • police exoneration
  • cognizance
  • scheduled caste
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.66 of 2026
                          Arising Out of PS. Case No.-10 Year-2023 Thana- SC/ST District- Saran
                 ======================================================
                 Vishal Kumar S/O Gajendra Shah Resident of Village - Kanakpur Ishmela,
                 P.S- Dighwara,Dist- Saran (Chhapra)

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Maya Devi W/o-Ramesh Chaudhary R/O-village- Mirjapur, P.S- Awatar
                 Nagar, District- Saran (Chhapra).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr.Adesh Raj Singh
                 For the Respondent/s     :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-04-2026                 1. Heard learned counsel for the appellant, learned

                   Spl. P.P. for the State 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 14.11.2025, passed by the learned Additional

                   District and Sessions Judge-cum-Exclusive Special Judge

                   S.C./S.T. (POA) Act, Saran at Chapra in connection with Saran

                   SC/ST Case No.10/2023 registered for the offences punishable

                   under Sections 341, 323, 354, 379, 504, 506, 34 of the Indian
Patna High Court CR. APP (SJ) No.66 of 2026(3) dt.08-04-2026
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          Penal Code as well as Sections 3(1)(r)(s)(w) and 3(2)(Va) of the

          SC/ST Act.

                       3. Learned counsel for the appellant submits that the

          appellant has antecedent of two cases and the informant alleges

          that on 01.07.2023 at 8 A.M., named accused persons including

          the appellant came and abused the informant by taking her caste

          name and even abused her son by taking caste name and

          assaulted      him      and     the      accused     persons   even   acted

          inappropriately with the informant.

                           4. Learned counsel for the appellant submits that

          the appellant has been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of abuse and assault is general and omnibus in nature

          i.e. no specific allegation of abuse and assault is alleged against

          the appellant. It is further submitted that even presuming what

          has been alleged is true without admitting then the entire

          occurrence took place at the house of the informant and thus

          was not in public view. It is further submitted that police after

          threadbare investigation came to a considered conclusion that

          appellant is innocent and thus submitted final form exonerating

          the appellant of the allegation as alleged in the FIR but then the
Patna High Court CR. APP (SJ) No.66 of 2026(3) dt.08-04-2026
                                             3/4




          learned trial court in a mechanical manner differed with the

          police report took cognizance as such appellant apprehend

          arrest. Learned counsel for the appellant next submits that since

          cognizance has been taken by the learned trial court differing

          with the police report as such a prima facie offence is made out

          and hence rigors of Section 18 of the SC/ST Act shall apply, but

          then it is submitted that when one investigating agency after

          threadbare investigation came to a considered conclusion that

          appellant is innocent whether it would be prudent for the court

          to send the appellant to jail based on an order to cognizance

          which came to be taken on the same police report which had

          exonerated the appellant of the allegation.

                           5. Learned Spl. P.P. for the State 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 police after

          investigation submitted final form exonerating the appellant of

          the allegation as alleged in the FIR.

                           6. After hearing the learned counsel for the parties,

          the Court was inclined to grant the privilege of anticipatory bail

          to the appellant but for the order of cognizance as such the
             Patna High Court CR. APP (SJ) No.66 of 2026(3) dt.08-04-2026
                                                          4/4




                       appeal is disposed of with a direction the appellant to surrender

                       before the learned trial court on 20.04.2026.

                                        7. It is made clear, if appellant surrenders before

                       the learned trial court on 20.04.2026, in that event, the learned

                       trial court shall consider and dispose of the appeal on the same

                       day keeping in mind that police after investigation had

                       submitted final form exonerating the appellant of the allegation.

                                       8. The appeal stands disposed of.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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