Created by Fuzzy Cloud

Patna High Court

Dhananjay Singh @ Polu SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.