Patna High Court
Dhananjay Singh @ Polu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, due to lack of substantive evidence of the tractor sale and because the alleged caste abuse was not a public act, anticipatory bail should be granted.
Summary
The appellant, Dhananjay Singh, was charged under the SC/ST (Prevention of Atrocities) Act for allegedly demanding an inflated loan amount, abusing the complainant by caste name, and selling the complainant's tractor. The Special Judge denied his anticipatory bail. On appeal under Section 14A(2) of the SC/ST Act, the High Court examined the evidence and found no cogent proof that the tractor was sold and noted that the alleged caste abuse occurred within the private confines of a house, not in public view. Consequently, the court held that the allegations did not satisfy the threshold for a non‑bailable offence under the Act. The court granted anticipatory bail subject to a bond and sureties, and set aside the lower court’s order. The appeal was therefore allowed.
Issues considered
- Whether the alleged caste‑based abuse and alleged sale of the tractor constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether anticipatory bail should be granted in view of the evidentiary material and the nature of the alleged offences.
- Whether Section 14A(2) of the SC/ST Act and the provisions of Sections 482(2) and 438(2) of the Criminal Procedure Code are applicable to the bail application.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 316(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(s), 3(a)(r)
Subjects
- anticipatory bail
- SC/ST Act
- caste abuse
- loan dispute
- evidence insufficiency
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2450 of 2025
Arising Out of PS. Case No.-14 Year-2025 Thana- MARANCHI District- Patna
======================================================
Dhananjay Singh @ Polu Singh S/o- Kusho Singh Village and Tola-
Charbhaiya, Marachi, Police Station-Marachi, District- Patna
... ... Appellant
Versus
1. The State of Bihar
2. Sumiran Paswan @ Sumiran S/o- Late Kant Paswan Village- Marachi Ps-
Marachi Dist- Patna
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Hridayal Kumar, Advocate
For the Respondent-State: Mrs. Usha Kumari 1, Spl. PP
For the Respondent No.2: Mr. Kumar Mangalam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
5 18-02-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor appearing for the State and learned
counsel for respondent No.2.
2. This appeal under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
03.06.2025 passed by learned Exclusive Special Judge SC/ST
Act, Civil Court (Sadar), Patna, in A.B.P. No.2074 of 2025, in
connection with Marachi P.S. Case No. 14 of 2025, registered
under Sections 316(2), 3(5), 352 and 351(2) of the Bhartiya
Nyay Sanhita, 2023, and Section 3(1)(s), 3(a)(r) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby the prayer for grant of
Patna High Court CR. APP (SJ) No.2450 of 2025(5) dt.18-02-2026
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anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant,
Sumiran Paswan, alleged that he is a labourer and as his wife
was ill, he had borrowed Rs.18,000/- from the appellant and had
returned Rs. 10,000/- and he was also ready to pay the rest
Rs.8,000/- however, the appellant claiming the amount to have
become Rs.90,000/- with interest pressurized him to pay him
and came to his house and also abused him by taking his caste
name. It is further alleged that the appellant took his tractor
about two and half years back in lieu of the loan and when the
informant went for his tractor, he was told that it has been sold
and he was again abused and driven away and threatened that if
he approaches anyone in the matter, he will be killed.
4. Learned counsel for the appellants submits that
the alleged abuses were within the four corners of the house and
hence the offence under SC/ST Act would not be made out. It is
further submitted that there is no evidence on record to suggest
that the appellant sold the tractor of the informant in lieu of the
loan amount.
5. Learned counsel for the respondent no. 2 and
learned Special Public Prosecutor for the State have opposed the
prayer for grant of anticipatory bail to the appellant and
Patna High Court CR. APP (SJ) No.2450 of 2025(5) dt.18-02-2026
3/3
submitted that there are serious allegations against the appellant.
Moreover, the appellant has sold the tractor of the informant and
abused him by caste name.
6. Considering the fact that the allegation of selling
the tractor is not supported by any cogent material and the
allegation of abuses does not appear to be within the public
view, let the above named appellant, in the event of his
arrest/surrender within a period of six weeks, 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
learned Exclusive Special Judge SC/ST Act, Civil Court
(Sadar), Patna, in connection with Marachi P.S. Case No. 14 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S/Section 438(2) of the Cr.P.C..
7. Accordingly, this appeal is allowed and the
impugned order dated 03.06.2025 rejecting the prayer for grant
of anticipatory bail to the appellants is set aside.
(Praveen Kumar, J)
Pawan/-
U T
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