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Patna High Court

Rajendra RajakversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order of the Exclusive Special Judge is set aside, granting anticipatory bail to the appellants.

Summary

The appellants, Rajendra Rajak and others, appealed against an order dated 12‑09‑2024 of the Exclusive Special Judge under the SC/ST (Prevention of Atrocities) Act, which had upheld a complaint alleging forged documents and a fraudulent sale deed of land, charging offences under IPC sections 419, 420, 341 and 504. The appellants contended that they were falsely implicated, that no offence under the SC/ST Act was made out because both parties belong to the Scheduled Caste community, and that the dispute was purely a land matter. The State and the informant opposed the appellants' anticipatory bail application. The High Court examined whether the complaint attracted the SC/ST Act and whether anticipatory bail was maintainable in such circumstances. Finding the prosecution to be mala‑fide and the SC/ST provisions inapplicable, the Court held that the anticipatory bail application was maintainable, set aside the Special Judge’s order, and granted bail subject to conditions under CrPC sections 438(2) and 482(2).

Issues considered

  • Whether the complaint under the SC/ST (Prevention of Atrocities) Act is maintainable when both complainant and accused belong to the Scheduled Caste community.
  • Whether anticipatory bail is available in a case involving alleged offences under IPC sections 419, 420, 341 and 504 coupled with a claim under the SC/ST Act.
  • Whether the order of the Exclusive Special Judge should be set aside on the ground of false prosecution.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • forged documents
  • land dispute
  • cheating
  • wrongful restraint
  • CrPC
  • special judge
  • false prosecution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.828 of 2025
                  Arising Out of PS. Case No.-108 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
           1.     Rajendra Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/o-
                  Old Police Line Tar Ghat Po- GPO, Ps- Gandhi Maidan Dist- Patna
           2.    Sukhdeo Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/v-
                 Bakarganj Bajaja Near Lane Infront of B.N College, Po- Bankipur Ps-
                 Pirbahore Dist- patna
           3.    Kapildeo Rajak S/o- Late Chokh Narayan Rajak @ Late Narayan Rajak R/o-
                 New Bigrahpur Po- GPO Ps- Jakkanpur Dist- Patna

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Munna Rajak S/o- Late Narayan Rajak Village- Bigrahpur Po- GPO Ps-
                 Jakkanpur Dist- Patna, P/A- Moh- Dariyapur Qutubuddin Lane, Korea Tola
                 Po- Bankipur Ps- Pirbahore Dist- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Nitesh Kumar
                 For the Respondent/s   :       Ms. Usha Kumari No. 1, Spl. PP
                                                Mr. Mr. Bal Mukund Prasad Sinha
                 For the Respondent No.2:       Mr. Y. Madhvi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   12-03-2026                 Heard learned counsel for the appellants, the learned

                   Spl. P.P. for the State and the learned counsel for the informant.

                               2. This appeal is preferred against the order dated

                   12.09.2024 passed by the learned Exclusive Special Judge,

                   SC/ST (POA)Act, Patna Sadar passed in ABP No. 3574 of

                   2024 arising out of Complaint Case No. 108(C) of 2023

                   registered for the offence under Sections 419, 420, 341 and 504

                   of the Indian Penal Code.
Patna High Court CR. APP (SJ) No.828 of 2025(5) dt.12-03-2026
                                             2/3




                       3. As per the complaint petition, the petitioners along

          with co-accused produced forged documents and executed sale-

          deed of 15 dhur land.

                       4. Learned counsel for the appellants submits that the

          appellants have falsely been implicated in this case and no

          offence under the provisions of SC/ST Act is made out in this

          case and therefore, this anticipatory bail application is

          maintainable. He further submits that the occurrence has taken

          place because of land dispute.

                       5. Learned counsel for the State and the learned

          counsel for the informant have opposed the prayer of the

          appellants.

                       6. From the reading of the entire complaint, it does

          not appear that offence has been committed against the

          informant on the ground that he is a member of SC/ST

          community because the petitioners also belongs to the schedule

          caste community and the same appears to be a mala fide

          prosecution.

                       7. In these circumstances, in the opinion of this Court,

          this application for grant of anticipatory bail is maintainable.

                       8. Considering the rival submissions of the parties and

          the facts of the case, the appeal stands allowed. Accordingly, the
            Patna High Court CR. APP (SJ) No.828 of 2025(5) dt.12-03-2026
                                                         3/3




                      order dated 12.09.2024 passed by the learned Exclusive Special

                      Judge, SC/ST (POA)Act, Patna Sadar passed in ABP No. 3574

                      of 2024 arising out of Complaint Case No. 108(C) of 2023 is

                      hereby set aside.

                                   9. Let the appellants, in the event of their arrest or

                      surrender within four weeks from today, be released on bail on

                      furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of the learned Court below where the case is pending/successor

                      Court in connection with Complaint Case No. 108(C) of 2023,

                      subject to the conditions laid down under Section 438(2) of the

                      Cr. P.C./ Section 482(2) of the BNSS.



                                                          (Sandeep Kumar, J)
Shishir/-

U       T


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