Patna High Court
Dipak Kumar @ Dipak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court allowed anticipatory bail to the appellants and set aside the lower court’s order denying it.
Summary
The appellants, Dipak Kumar and Ganesh Singh, were charged under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant, abusing him by caste name, and robbing him of Rs.5,000. They applied for anticipatory bail, which was rejected by the Exclusive Special Judge. The appellants argued that the specific assault allegation pertained only to a co‑accused, that there was no direct evidence of their involvement, and that the incident occurred inside a private residence, making a case under the SC/ST Act untenable. The High Court, noting the clean antecedents of the appellants and the lack of specific accusations against them, ordered that they be released on bail upon surrender within eight weeks, subject to bond and sureties. Consequently, the appeal was allowed and the lower court’s order denying anticipatory bail was set aside for the appellants.
Issues considered
- Whether anticipatory bail should be granted to the appellants despite the FIR containing multiple IPC and SC/ST Act charges.
- Whether the allegations against the appellants constitute a specific charge of an overt act under the SC/ST Act.
- Whether the clean antecedent of the appellants warrants bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 341, 354B, 379, 427, 447, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 2(va), 3(1)(r)(s), 3(1)(w)(i)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- caste discrimination
- robbery
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3503 of 2024
Arising Out of PS. Case No.-146 Year-2024 Thana- MAHUA District- Vaishali
======================================================
1. Dipak Kumar @ Dipak Kumar Singh Son of Ganesh Singh Village-
Bhagwatpur Tarawera Ps- Mahua Dist- vaishali
2. Ganesh Singh Son of Satyanarayan Singh Village- Bhagwatpur Tarawera,
P.S.- Mahua, Dist.- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar
2. Dasrath Das son of Late Sahdeo Das Village- Bhagwatpur Tarara Ps- Mahua
Dist- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Santosh Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
For the R.No. 2 : Ms. Sudha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
22.05.2024 passed by learned Exclusive Special Judge, SC/ST
cum Addl. District & Sessions Judge, Vaishali at Hajipur in ABP
No. 1161 of 2024 arising out of Mahua P.S. Case No. 146 of
2024 registered under Sections 147, 148, 149, 341, 323, 324,
379, 325, 354B, 307, 427, 447, 504, 506 of the Indian Penal
Code and Section 3(1)(r)(s), 2(va), 3(1)(w)(i) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for anticipatory bail of appellants has been
Patna High Court CR. APP (SJ) No.3503 of 2024(4) dt.15-01-2026
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rejected.
3. As per F.I.R., on 25.03.2024 at about 2.05 PM,
while informant was sitting at his door, these appellants along
with other named accused persons and 20-25 unknown persons
came there and abused informant by caste name and co-accused
Rahul Singh assaulted him by means of iron rod and other
accused persons assaulted his family members. It is further
alleged that the accused persons also snatched Rs. 5,000/- from
the pocket of informant.
4. Learned counsel for the appellants submits that
specific accusation of assault is against co-accused Rahul Singh
who is alleged to have assaulted informant with iron rod.
Allegation against appellants is general and omnibus and there
is no specific accusation of any overt act against them. It is
further submitted that alleged incident occurred inside the house
of informant and not within public view as such, no case under
SC/ST Act is made out against the appellants. Rest of the
allegations are ornamental. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
Patna High Court CR. APP (SJ) No.3503 of 2024(4) dt.15-01-2026
3/3
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, SC/ST cum
Addl. District & Sessions Judge, Vaishali at Hajipur in ABP No.
1161 of 2024 arising out of Mahua P.S. Case No. 146 of 2024.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 22.05.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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