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Patna High Court

Dhan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the appeal.

Summary

The appellant, Dhan Kumar Singh, was charged with offences under the IPC (sections 341, 323, 307, 427, 120B), the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Arms Act for an alleged armed assault that began with a dispute over straw prices and escalated to arson and shooting, injuring several persons including Jai Shankar. The appellant argued that he was falsely implicated, that the injury report did not support the allegation of a chest wound, and that the case stemmed from a commercial dispute. The State, represented by a Special Public Prosecutor, highlighted the appellant’s prior criminal antecedents, the seriousness of the offences, and the risk of absconding if bail were granted. The appeal sought bail under Section 14‑A(2) of the SC/ST Act, but the Court found the allegations credible and the risk of non‑appearance significant. Consequently, the Court refused bail and dismissed the appeal.

Issues considered

  • Whether bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act in view of the seriousness of the offences and the appellant’s antecedents.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • caste violence
  • IPC offences
  • Arms Act
  • false implication
  • scheduled caste
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1099 of 2026
                      Arising Out of PS. Case No.-30 Year-2024 Thana- DARAUNDA District- Siwan
                 ======================================================
                 Dhan Kumar Singh son of Chandradev Singh Resident of Village -Sawan
                 Bigrah (Ram Gadhi) Ps- Daraunda District -Siwan
                                                                    ... ... Appellant/s
                                                 Versus
           1.     The State of Bihar
           2.     Sita Devi Wife of Brajesh Ram Resident of village- Itahwa, Ps- Itahwa Dist-
                  Barshihar (Uttar Pradesh ) At Present Residing at Village- Sawan Bigrah
                  Tole, Ram Gadhi, ps- Daraunda, Dist- Siwan
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjay Singh, Advocate
                                                 Mr. Rakesh Mohan Singh, Advocate
                                                 Mr. Ashish, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Special PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                  1. Heard learned counsel for the appellant and the

                   learned Special PP for the State, Mr. Binay Krishna.

                                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 bail vide order dated

                   13.02.2026 passed by the learned 1st Additional Sessions Judge-

                   cum-Special Judge, Siwan in connection with Daraunda P.S.

                   Case No. 30 of 2024 registered under Sections 341, 323, 307,

                   427 and 120(B) of the Indian Penal Code, Sections 3(1) (r)(s)

                   and 3(2)(va) of the SC/ST Act as well as Section 27 of the Arms

                   Act.

                                3. Learned counsel for the appellant submits that
Patna High Court CR. APP (SJ) No.1099 of 2026(2) dt.08-05-2026
                                             2/3




          appellant has antecedent of two cases and is in custody since

          14.01.2026 and the informant alleges that appellant on

          10.02.2024 at 08:00 AM came to purchase straw, but an

          altercation took place on account of rate, thereafter appellant left

          abusing, further at 09:00 PM on the same day, Aman, Raman

          and appellant set ablaze the straw of her Bhabhi, Sangita, for

          which a case was instituted by Sangita in the police station,

          thereafter again the named accused persons including the

          appellant came and abused by caste name and threatened to

          withdraw the case, further on 11.02.2024, Male leader, Jai

          Shankar came to her house when named accused persons

          including the appellant came variously armed and attacked the

          house of Sangita and Rohit fired causing injury on leg of the

          informant and Shivam fired causing injury on stomach of her

          son, Shivam, while Ankit fired causing injury on leg of Manu,

          further when Jai Shankar tried to flee when appellant fired

          causing injury on his chest and repeated the fire causing injury

          on his leg.

                          4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant, since a dispute had arisen with regard to rate of straw

          which the appellant intended to purchase. It is further submitted
            Patna High Court CR. APP (SJ) No.1099 of 2026(2) dt.08-05-2026
                                                         3/3




                      that though it is alleged that appellant fired causing firearm

                      injury on chest of Jai Shankar, but then the injury report belies

                      the said allegation as no injury on chest of Jai Shankar is

                      recorded, but then it is fairly submitted that Jai Shankar received

                      firearm injury on his leg.

                                      5. Learned Special Public Prosecutor opposes the

                      appeal and submits that appellant has antecedent of two cases

                      and specific allegation against him is of firing causing injury to

                      Jai Shankar. It is next submitted that if privilege of regular bail

                      is granted, the appellant may abscond. It is also submitted that

                      from perusal of the allegation as alleged in the FIR, it would

                      manifest that informant, Shivam, Manu and Jai Shankar

                      received firearm injury, which amply demonstrates the mindset

                      of the accused persons.

                                   6. After hearing the learned counsel for the parties, the

                      Court is not inclined to release the appellant on bail.

                                   7. Accordingly, the instant appeal stands rejected.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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