Patna High Court
Dharam Raj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that the appeal was timely and the refusal of anticipatory bail was unwarranted, setting aside the lower court’s order and granting bail.
Summary
The appellant, Dharam Raj Kumar, appealed against the refusal of anticipatory bail by the Exclusive Special Court under the SC/ST (Prevention of Atrocities) Act in a case involving alleged caste-based abuse and assault. The FIR alleged that the appellant, along with 25 co‑accused, assaulted the informant and used caste slurs, but the appellant contended that the allegations of physical assault were vague and that the caste abuse was not made in public view. The High Court examined the jointness affidavit, noted the absence of the informant’s appearance, and considered the appellant’s clean antecedent and the general nature of the charges. Relying on the limitation provision of Section 14A(3) of the SC/ST Act and precedent from Hitesh Verma v. State of Uttarakhand, the Court held that the appeal was within time and the bail order should be set aside. Consequently, the Court granted anticipatory bail with conditions and allowed the appeal.
Issues considered
- The appeal is within the limitation period prescribed under Section 14A(3) of the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the refusal of anticipatory bail was justified given the alleged caste‑based abuse and the nature of the assault charges.
- Whether the allegations against the appellant are sufficiently specific to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 341, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 14A(3), 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based offence
- limitation period
- jointness affidavit
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1236 of 2024
Arising Out of PS. Case No.-317 Year-2023 Thana- KHUSRUPUR District- Patna
======================================================
Dharam Raj Kumar S/o Late Ram Janam Gop Resident Of Backatpur Police
station Khusrupur District patna
... ... Appellant
Versus
1. The State of Bihar
2. Shivam Kumar S/o Nageshwar Paswan R/o Backtpur, Devi Asthan, P.S. -
Khushroopur, Distt. - Patna
... ... Respondent
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar Singh, Advocate
For the Respondent/s : Mrs.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 29-06-2026 Re: I.A. No. 01 of 2026
2. In view of statement as made on affidavit qua jointness
of respondent no. 2, notice as issued by this Court deemed to be
validly served upon respondent no. 2.
3. Accordingly, I.A. No. 01 of 2026 stands allowed and
disposed off.
Re: Cr. Appeal (SJ) No. 1236 of 2024
4. The present appeal is well within limitation as
prescribed under section 14A(3) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
5. Heard learned counsel appearing on behalf of the
appellant and learned Spl. PP appearing for the State.
6. The appellant has preferred the present appeal under
Patna High Court CR. APP (SJ) No.1236 of 2024(6) dt.29-06-2026
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Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (hereinafter referred to as
“the Act”) against the refusal of prayer for anticipatory bail vide
order dated 25.11.2023 passed by the learned Exclusive Special
Court, SC/ST Act, Patna in connection with Khusrupur P.S.
Case No. 317 of 2023 registered for the offences punishable
under Sections 341, 323, 504, 506/34 of the Indian Penal Code
and section 3(1)(r)(s) of SC/ST (POA) Act.
7. As per FIR, appellant abused the informant/O.P. No. 2
in his caste name and also alongwith 25 named co-accused
persons alleged to assault him.
8. It is submitted by learned counsel appearing on behalf
of the appellant that allegation qua physical assault is available
against 25 named co-accused persons, which is appearing very
much general and omnibus in nature and due to neighbourhood
dispute and differences, the appellant was implicated with the
present crime in question without having any cogent material.
9. It is submitted that the alleged abuse in caste name
prima facie not appears in public view. In support of his
submission, learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Hitesh Verma Vs.
State of Uttarakhand and Anr. reported in (2020) 10 SCC
Patna High Court CR. APP (SJ) No.1236 of 2024(6) dt.29-06-2026
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710.
10. It is further submitted that similarly situated co-
accused persons have been granted bail by learned trial court
itself. Appellant claimed clean antecedent.
11. Learned Spl.P.P. for the State, while opposing the
prayer of anticipatory bail of the appellant, could not disputed
the aforesaid factual submission.
12. None appeared on behalf of the informant/O.P. No.2
despite service of notice.
13. In view of aforesaid factual submission and by taking
note of the fact as allegation qua physical assault is appearing
very much general and omnibus against the appellant, where
abusing by caste name as per FIR is also not available qua
appellant, accordingly, above-named appellant, who is a man of
clean antecedent, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be enlarged
on bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Court, SC/ST Act,
Patna/concerned court in connection with Khusrupur P.S. Case
No. 317 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Patna High Court CR. APP (SJ) No.1236 of 2024(6) dt.29-06-2026
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Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
14. Accordingly, impugned order dated 25.11.2023 as
passed through A.B.P. No. 8590 of 2023 arising out of
Khusrupur P.S. Case No. 317 of 2023 is hereby set-aside.
15. Hence, this appeal stands allowed.
(Chandra Shekhar Jha, J)
Rajeev/-
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