Patna High Court
Diwakar Kumar @ Diwakar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is maintainable as the FIR does not establish an offence under the SC/ST Act, and the order rejecting bail is set aside.
Summary
The appellant, Diwakar Kumar, was charged under multiple sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act for allegedly demanding money and assaulting an informant. He applied for anticipatory bail, which was rejected by the Additional Sessions Judge. The appellant contended that the allegations were false, stemmed from a land‑mud dispute, and did not involve any SC/ST motive. The High Court examined the FIR and found no indication that the offence was committed on the basis of the victim’s SC/ST status, concluding that the anticipatory bail application was maintainable. Accordingly, the Court set aside the lower court’s order, allowed the appeal, and directed that the appellant be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under CrPC and the BNSS Act.
Issues considered
- Whether the allegations constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail is maintainable in the present facts.
- Whether the FIR demonstrates a communal motive or merely a property‑related dispute.
Legislation cited
- Bihar Negotiable and Security Act — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 117(2), 127(2), 303(2), 308(5), 324(4), 351(2), 353
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(w), 3(2)(5), 3(2)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- property dispute
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.337 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Diwakar Kumar @ Diwakar Yadav S/O Gopal Mandal R/O Village-
Acharyadih, P.S- Sikandra, District- Jamui.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Sunil Paswan S/O Late Prameshwar Paswan R/O Village- Panchmahua, P.S-
Sikandra, Distt.- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Pramod Kumar
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard the parties.
2. This appeal is preferred against the order dated
01.12.2025 passed by the learned Additional Sessions Judge-I,
Jamui in ABP No. 1522 of 2025 in connection with Sikandra
P.S. Case No. 290 of 2025 registered for the offence under
Sections 115(2),324(4), 109, 117(2), 303(2), 308(5), 353,
351(2), 127(2) of the BNS and under section 3 (2) (s), 3(1)(r), 3
(1) (w), 3(2)(5) of S.C/S.T. (POA) Act by which anticipatory
bail filed by the appellant has been rejected.
3. As per the prosecution case, while the informant’s
nephew was returning from brick kiln, the accused persons
come to him and demanded Rangdari of Rs. 5 lakhs. It is further
Patna High Court CR. APP (SJ) No.337 of 2026(3) dt.12-05-2026
2/3
alleged that informant was assaulted by the accused persons and
when the police came then all the accused persons fled from the
spot by taking caste name.
4. Learned counsel for the appellants submits that the
appellants have falsely been implicated in this case and no
offence under the provisions of SC/ST Act is made out in this
case as the occurrence has taken place because of dispute for
grabbing the mud from the land of the appellant and therefore
the application of the anticipatory bail is maintainable. He
further submits that the allegations are not corroborated by the
injury report.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR, it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears that for a dispute over grabbing the mud
from the land of the appellant, the occurrence has taken place
and therefore, this application for grant of anticipatory bail is
held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
Patna High Court CR. APP (SJ) No.337 of 2026(3) dt.12-05-2026
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accordingly, the order dated 01.12.2025, is hereby set aside.
8. Let the appellant in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Additional Sessions Judge-I, Jamui/concerned
Court below in in connection with Sikandra P.S. Case No. 290
of 2025, subject to the conditions laid down under Section
438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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