Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail.
Summary
The appellant, Dipak Kumar, appealed against the order of the Exclusive Special Judge that denied his bail in a case involving multiple offences under the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The appellant contended that he was falsely implicated, that the charge was based solely on a co‑accused’s confessional statement, and that no caste name was used publicly, thus no SC/ST offence was made out. He also highlighted his lack of prior criminal record and the fact that only seven of sixteen witnesses had been examined. The Special Public Prosecutor opposed bail, citing the gravity of the charges. Considering the stage of trial, the appellant’s prolonged custody since September 2024, and the absence of a clear SC/ST offence, the High Court allowed the appeal, set aside the lower order and granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged use of a caste name by the appellant constitutes an offence under the SC/ST Act.
- Whether the appellant’s prolonged pre‑trial custody and the incomplete examination of witnesses justify bail.
- Whether the reliance on a co‑accused’s confessional statement is sufficient to infer the appellant’s innocence.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- criminal procedure
- serious offences
- confessional statement
- trial stage
- Arms Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3846 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Dipak Kumar S/o- Mr. Pannu Paswan Resident Of Village- Pran Bigha, Ps-
Mufasisil, Dist-Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/o- Mr. Sanjay Majhi R/v- Dedaur Tola Krishna Nagar Nadi Par
Ps- Mufassil Dist- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Vaishnvi Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 09-01-2026 Heard learned counsel for the Appellant and learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the Appellant
against the order dated 21.08.2025 passed by Exclusive Special
Judge, Spl. Court SC/ST Act, Nawada whereby the prayer for
bail of the Appellant in connection with B.P. No. 1202 of 2025,
arising out of Nawada Muffasil P.S. Case No. 372 of 2024,
under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 351(3),
326(g), 303(2), 111(3) and 61(2)(a) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act and Section 3(1)
(f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the SC/ST Act, was rejected.
Patna High Court CR. APP (SJ) No.3846 of 2025(4) dt.09-01-2026
2/3
3. Earlier vide order dated 30.01.2025 passed in
Criminal Appeal (SJ) No. 5057 of 2024, regular bail of the
Appellant was rejected by this Court considering the nature of
gravity of the offence, with direction to the learned court below
to expedite the trial and conclude the same expeditiously.
4. In compliance of the order dated 15.10.2025 passed
in Cr. App. (SJ) No. 4157 of 2025, a report dated 30.10.2025
with regard to the present stage of trial has been received. From
perusal of the aforesaid report, it appears that out of sixteen
witnesses, seven witnesses have been examined and remaining
nine witnesses are yet to be examined.
5. Learned counsel for the Appellant submits that the
Appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. The
name of the Appellant has transpired on the basis of
confessional statement of co-accused. Learned counsel for the
Appellant further submits that the Appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against them.
The Appellant has no intention to disgrace the image of the
informant in public view. Learned counsel for the Appellant
further submits that other co-accused has been granted privilege
Patna High Court CR. APP (SJ) No.3846 of 2025(4) dt.09-01-2026
3/3
of bail by this Court on 16.09.2025 passed in Criminal Appeal
(SJ) No. 1219 of 2025. The Appellant is in custody since
19.09.2024 and have no criminal antecedent.
6. Learned Special P.P. for the State have vehemently
opposed the prayer for grant of bail to the Appellant.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
Appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 21.08.2025
passed by Exclusive Special Judge, Spl. Court SC/ST Act,
Nawada, in connection with B.P. No. 1202 of 2025, arising out
of Nawada Muffasil P.S. Case No. 372 of 2024, are hereby set
aside.
8. Let the Appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada Muffasil
P.S. Case No. 372 of 2024.
(Rudra Prakash Mishra, J)
manish/-
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