Deva Nand Choudhary v. The State of Bihar
Case brief
What is this about?
Anticipatory bail appeal (Section 14-A(2) SC/ST (Prevention of Atrocities) Act, 1989) before the Patna High Court, disposed of with directions rather than granted or refused: surrender before Special Judge, Banka on 15-12-2025 for fresh consideration of the bail application, factoring in that chargesheet and cognizance issued in Amarpur P.S. Case No. 445 of 2023 without any arrest during investigation, and that the FIR followed the 13-6-2023 occurrence (caste-name abuse and lathi/axe assault allegations) after a delay of over seven days. Offences: Sections 341, 323, 504, 506, 34 IPC; Sections 3(1)(r)(s), 3(2)(va) SC/ST Act. Keywords: anticipatory bail; SC/ST Act Section 14-A(2); cognizance without arrest; delayed FIR; surrender directive; informant attendance; CR. APP (SJ) No.1558 of 2024; A.B.P. No. 105 of 2024; Banka; Satyavrat Verma, J.
What did the court decide?
Appeal disposed of: appellants directed to surrender before the learned trial court on 15-12-2025, with the trial court to consider and dispose of their application the same day, keeping in mind that police never felt the need of arresting them during investigation and that the FIR was instituted after a delay of more than 7 days; respondent No. 2 directed to remain physically present before the trial court on 15-12-2025.