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Patna High Court

Dinesh Kumar @ Dinesh BindversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order of the Exclusive Special Judge is set aside and bail is granted to the appellants.

Summary

The appellants, four brothers from Gaya, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Bhartiya Nyaya Sanhita for alleged criminal trespass, assault, outraging the modesty of an informant who claimed SC status, and theft of Rs.30,000. They appealed to the Patna High Court under Section 14A(2) of the SC/ST Act, seeking to set aside the Exclusive Special Judge's order that denied them bail. The court examined whether the allegations constituted a genuine atrocity or were a false case arising from personal enmity, noting that the charges were general and omnibus. Relying on the Supreme Court precedent in Hitesh Verma v. State of Uttarakhand, the court held that the caste‑abuse allegation was not prima facie established. Consequently, the High Court granted bail to each appellant, set aside the lower court’s order, and allowed the appeal.

Issues considered

  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act constitute a cognizable offence justifying denial of bail.
  • Whether the case is a false or malicious complaint arising from personal enmity, lacking prima facie caste‑based atrocity.
  • Whether the appeal filed under Section 14A(2) of the SC/ST Act is within the limitation period prescribed by Section 14A(3).
  • Whether bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • criminal trespass
  • assault
  • false complaint
  • personal enmity
  • limitation period
  • appellate jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3713 of 2025
                          Arising Out of PS. Case No.-42 Year-2025 Thana- SC/ST District- Gaya
                 ======================================================
           1.     Dinesh Kumar @ Dinesh Bind
           2.    Ganesh Bind @ Ganesh Kumar
           3.    Ravi Bind @ Ravi Kumar
                 All above are sons of Kishore Bind
           4.    Deepak Kumar, son of Awdhesh Bind
                 All are Resident of village - Lakhanpur, P.S.- Muffasil, Dist- Gaya
                                                                                     ... ... Appellants
                                                        Versus

           1.    The State of Bihar
           2.    Shobha Devi, wife of Late Ramshla Paswan, Resident of village-Lakhanpur,
                 P.S.- Muffasil, Dist- Gaya

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Sudhir Kumar Sinha, Advocate
                 For the State           :        Mr. Binay Krishna, Spl. P.P.
                 For the Informant       :        Mr. Pushp Raj Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   23-02-2026                 Heard learned counsel for the appellants and

                   learned Special Public Prosecutor for the State duly assisted

                   by learned counsel appearing for the informant.

                               2. The        appellants/accused          have     preferred       the

                   present appeal under Section 14A(2) of the Scheduled Castes

                   and Scheduled Tribes (Prevention of Atrocities) Act (for short

                   ‘the Act’)        for setting aside the impugned order dated

                   12.08.2025 passed by the learned Exclusive Special Judge,

                   SC/ST, Gaya in connection with ABP No.225 of 2025 arising
Patna High Court CR. APP (SJ) No.3713 of 2025(5) dt.23-02-2026
                                             2/4




          out of SC/ST P.S. Case No.42 of 2025.

                       3. Present appeal is well within limitation as

          prescribed under Section 14A(3) of the Act.

                       4. The appellants/accused are named in the FIR

          and apprehending their arrest in connection with SC/ST P.S.

          Case No.42 of 2025 registered for the offences punishable

          under Sections 126(2), 115(2), 190, 191(1), 74, 329(4),

          303(2), 324(5), 324(4), 351(2), 352 of the Bhartiya Nyaya

          Sanhita, 2023 (in short ‘BNSS’) as well as Sections 3(1)(r)

          (s), 3(1)(s), 3(1)(w) and 3(2)(va) of the Act.

                       5.    As per FIR, the appellants alleged to outrage

          the modesty of informant after criminal trespass to her house

          and also assaulted them. The allegation of theft of

          Rs.30,000/- is also available against appellants. Informant

          claimed to be member of scheduled caste community.

                       6. It is submitted by learned counsel appearing for

          appellants that the allegation qua criminal trespass and

          assault is appearing very much general and omnibus against

          appellants. It is pointed out that out of local disputes and

          enmities, the present false case was lodged. In support of his
Patna High Court CR. APP (SJ) No.3713 of 2025(5) dt.23-02-2026
                                             3/4




          submission, learned counsel submitted that that prior to this

          occurrence, the informant’s side also lodged a similar case

          against appellants. It is submitted that it cannot be believed

          that three brothers along with their father with trespass

          assaulted the informant only for the purpose of outraging her

          modesty.

                       7.      Arguing further, it is submitted that the

          allegation qua caste abuse prima facie not attracted in this

          case, as same not appears to be made in public view. In

          support of his submission, learned counsel has relied upon the

          legal report of Hon’ble Supreme Court as available through

          Hitesh Verma vs. State of Uttarakhand and Anr

          [(2020) 10 SCC 710].

                       8. Learned Special Public Prosecutor duly assisted

          by Mr. Pushp Raj Singh, learned counsel appearing for

          informant while opposing the prayer for bail of the appellants

          submitted that appellants have actively involved in present

          occurrence.

                       9. In view of aforesaid factual submissions and by

          taking note of fact, as the allegation qua criminal trespass and
           Patna High Court CR. APP (SJ) No.3713 of 2025(5) dt.23-02-2026
                                                        4/4




                     outraging modesty and also regarding physical assault is

                     appearing very much general and omnibus against appellants,

                     where occurrence prima facie took place due to previous

                     enmity, accordingly, all four above-named appellants, in the

                     event of their arrest or surrender before the court below

                     within a period of four weeks from today, are directed to be

                     released on bail on furnishing bail bond of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Exclusive

                     Special Judge, SC/ST, Gaya in connection with SC/ST P.S.

                     Case No. 42 of 2025, subject to the conditions as laid down

                     under Section 438(2) of the Code of Criminal Procedure (in

                     short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).

                                  10.     Accordingly,        the     impugned   order   dated

                     12.08.2025 passed by learned Exclusive Special Judge

                     SC/ST, Gaya is set aside.

                                  11. The appeal stands allowed.


                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-
U      T


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