Patna High Court
Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the order refusing anticipatory bail was unsustainable and set it aside, granting anticipatory bail to the appellant subject to conditions.
Summary
Shambhu Kumar was charged under several IPC offences and sections 3(1)(r)(s) of the SC/ST Act for alleged loan fraud and caste‑based threats. He contended that the allegations were vague, he had a clean record, and the informant had fabricated the case. The trial court had refused anticipatory bail. On appeal under Section 14‑A(2) of the SC/ST Act, the High Court noted the informant’s failure to appear, the general nature of the accusations, and the appellant’s submissions. Consequently, the court set aside the refusal order and granted anticipatory bail with a Rs.5,000 bond and two sureties, subject to conditions under Section 482 of the CrPC. The appeal was allowed.
Issues considered
- Whether the order refusing anticipatory bail to the appellant under the SC/ST Act is sustainable.
- Whether the allegations against the appellant constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 120(B), 323, 34, 341, 420
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- loan fraud
- caste abuse
- false implication
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.826 of 2025
Arising Out of PS. Case No.-18 Year-2024 Thana- SC/ST District- Supaul
======================================================
Shambhu Kumar son of Virendra Kumar @ Birendra Kumar @ Birendra
Prasad Yadav Resident Of village- Posdaha, Ward No 9, Post -Bhangahi, P.S.-
Nepalganj Dist- Araria
... ... Appellant/s
Versus
1. The State of Bihar
2. Nanki Devi @ Nanaki Devi W/o Jai Narayan Sada R/o Bairiya, Tola-
Mungrar P.O.- Dhabhari, P.S-Supaul, Distt.- Supaul, Bihar (852131).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Majid Mahboob Khan, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 25-06-2026 1. Heard learned counsel for the appellant and
learned Special P.P. for the State, Mr. Binay Krishna.
2. No one appears on behalf of the respondent no. 2
despite notice being validly served upon respondent no. 2, as
would manifest from the office report dated 17.06.2026.
3. 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 03.01.2025 in A.B.P. No.1507 of 2024 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge
S.C./S.T. (POA) Act, Supaul in connection with Supaul SC/ST
Patna High Court CR. APP (SJ) No.826 of 2025(6) dt.25-06-2026
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P.S. Case No. 18 of 2024 registered for the offences punishable
under Sections 341, 323, 420, 120(B) and 34 of the Indian Penal
Code as well as Sections 3(1) (r) (s) of the SC/ST Act.
4. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and the informant
alleges that Anju Devi convinced her to form a group and take
loan from Microfinance Companies namely RBL Finance,
Bharat Finance and L & T Finance, in which the informant
would work as a team leader, it is next alleged that the said
accused formed a group of several female including the
informant and took them to various branches of the finance
companies and obtained their thumb impression on some
papers, whereupon the Branch Managers assured to disburse the
loan in few days, it is next alleged that no loan was granted, but
on 28.05.2023, concerned branches of the Microfinance
Companies started demanding the installment amount from the
members of the group, it is next alleged that Anju Devi and
Birendra Mistri absconded with the amount of loan disbursed in
favour of members of the women group, it is also alleged that
all the accused persons including the appellant conspired and
deceitfully withdrew money from accounts of the informant and
other women group members, it is further alleged that when
Patna High Court CR. APP (SJ) No.826 of 2025(6) dt.25-06-2026
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women of the group went to enquire, when the accused persons
including the appellant hurled caste based abuses and threatened
to kill.
5. Learned counsel for the appellant submits that
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 against the appellant is general and omnibus in
nature. It is further submitted that informant had taken a loan
from IndusInd Bank under Bharat Finance Inclusion Limited of
an amount of Rs. 30,854/- and the said amount was disbursed in
her Account No. 100192634295 on 21.02.2023 and the
informant withdrew the loan amount credited in her account
from the Customer Service Point (CSP) utilizing her Aadhaar
enabled payment system by verifying her finger prints. It is
further submitted that from Customer Service Point, an amount
of Rs. 10,000/- is only allowed to be withdrawn daily, as such,
the entire sum was withdrawn in four distinct transactions. It is
further submitted that informant falsely instituted the instant
case, as she does not intend to reimburse the loan which was
credited in her account. It is also submitted that this perhaps
explains why the informant despite receiving notice chooses not
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to appear and contest.
6. Learned Special P.P. for the State opposes the
appeal.
7. In view of the submissions made by the learned
counsel for the appellant, the order dated 03.01.2025 in A.B.P.
No. 1507 of 2024, is hereby set aside and the appellant above-
named, in the event of his arrest or surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/successor
court in connection with Supaul SC/ST P.S. Case No. 18 of
2024 subject to the conditions as laid down under Section 482
(2) of the BNSS.
8. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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