Dhiraj Kumar @ Dheeraj KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.184 of 2026
                        Arising Out of PS. Case No.-136 Year-2025 Thana- DELHA District- Gaya
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                 Dhiraj Kumar @ Dheeraj Kumar S/o Sintu Prasad R/o Mohalla- Kharkhura
                 Tarwana, P.S.- Delha, District- Gaya

                                                                                  ... ... Appellant/s
                                                      Versus
                 The State of Bihar

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :        Mr. Vinod Kumar, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 For the Respondent No.2:        Mr. Bindeswari Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-06-2026                    Heard Mr. Vinod Kumar, learned counsel for the

                   appellant, Mr. Bindeswari Singh, learned counsel appearing on

                   behalf of the Respondent No. 2 as well as Mr. Sadanand

                   Paswan, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 07.11.2025

                   passed by the learned Court of Spl. Judge Exclusive, SC/ST

                   (POA) Court, Gaya Ji in connection with CIS No. Bail Appl.

                   Spl. Act 3469 of 2025 arising out of Delha P.S. Case No. 136 of

                   2025, F.I.R. dated 16.06.2025 registered under Sections 126(2),

                   115(2), 109, 352 and 3(5) of the BNS, 2023, Sections 25(1-b)a,

                   26 and 27 of the Arms Act and Sections 3(1) (r), 3 (1) (s), 3(2)

                   (v) of the Scheduled Castes and Scheduled Tribes Act
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          (Prevention of Atrocities) Act.

                       3. According to the prosecution case, all the accused

          persons including this appellant have abused the informant by

          her caste name and threatened her for dire consequences.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. Although the appellant is named in the FIR but

          from perusal of the FIR it appears that there is no specific

          allegation of assault or overt act attributed against the appellant

          rather there is general and omnibus allegation against all the

          accused persons including this appellant. It appears from the

          FIR itself that no member of public was present at the relevant

          point of time of the alleged occurrence, thus, no case is made

          out under the SC/ST Act against the appellant. He further

          submits that the police, after investigation, submitted charge

          sheet against the appellant. The appellant is in custody since

          23.07.2025.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant on the ground that the appellant carries three criminal

          antecedents other than the present one but fairly submits that he
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          is on bail in all the pending matters.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Court of Spl. Judge Exclusive, SC/ST (POA) Court,

          Gaya Ji in connection with CIS No. Bail Appl. Spl. Act 3469 of

          2025 arising out of Delha P.S. Case No. 136 of 2025, with other

          following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at

          any stage it is found that the appellant have concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the appellant. However, the
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                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   7. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T