Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 323, 34, 341, 354, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 18, 3(1)(r)(s)(w), 3(2)(Va)
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
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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
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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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