Patna High Court
Dashrath Sharma @ Dashrath KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the refusal of anticipatory bail and granted bail to the appellant subject to conditions under Section 482(2) of the CrPC.
Summary
The appellant, Dashrath Sharma, was charged with assault, theft, and caste‑based abuse under several provisions of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Special Judge had refused anticipatory bail, prompting an appeal under the SC/ST Act. The appellant contended that the allegations were general, that the caste‑abuse was directed at another accused, and that co‑accused had been granted bail in a similar case (Cr. App(SJ) No. 4413 of 2025). The State opposed the bail, emphasizing the seriousness of the offences. The Patna High Court, after considering the submissions, set aside the Special Judge’s order and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed and the appellant was released on bail upon furnishing the required bonds and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite charges under the SC/ST Act and other serious offences.
- Whether the caste‑abuse allegation against another accused can be attributed to the appellant.
- Whether the precedent of bail granted to co‑accused in a similar case is applicable.
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 126(2), 191(2), 191(3), 303(1), 324(4), 351(2), 351(4)
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based assault
- CrPC Section 482
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4056 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Dashrath Sharma @ Dashrath Kumar Son of Nathuni Sharma Resident of
village - Bakhari (Gotoli), P.S.- Katra, District - Muzaffarpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Vishwanath Manjhi Son of Bhola Manjhi Resident of village - Dargah, P.S.-
Katra, District - Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bela Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
6 08-05-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal filed under the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for anticipatory bail vide order dated 11.08.2025
passed by the learned Special Judge, SC/ST (POA) Act,
Muzaffarpur in connection with Katra P.S. Case No. 57 of 2025
registered for the offences punishable under Sections 191(2),
191(3), 109, 303(1), 324(4), 126(2), 115(2), 351(2), 351(4) of
BNS and Sections 3(1) (r), 3(1) (s) of SC/ST Act.
3. The case of the respondent, in short, is that the
Patna High Court CR. APP (SJ) No.4056 of 2025(6) dt.08-05-2026
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appellant along with others six named and 25-30 unknown
persons apprehended the respondent and took the key of his bike
and started assaulting him considering him to be a thief. On this,
the respondent disclosed that he is not a thief rather he is
Vishwanath Manjhi. After this, one Vijay Sah abused him with
caste name and started assaulting and Rs. 10,000/- was taken by
the mob. He was tied with a pole. After that, police arrived and
his life was saved.
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case. He is
having no criminal antecedent. Learned counsel has submitted
that from perusal of the FIR, it is clear that the nature of
allegation is general and omnibus and allegation of abusing with
caste name is against Vijay Sah not against this appellant. It has
further been submitted that due to intervention of well-wishers,
the parties have compromised their case. He has further
submitted that similarly situated co-appellants have been
granted bail by learned co-ordinate Bench of this court vide Cr.
App(SJ) No. 4413 of 2025. The case of this appellant stands on
similar footing.
5. Learned Spl. P.P. for the State has vehemently
opposed the appeal.
6. In view of the submissions made by the learned
Patna High Court CR. APP (SJ) No.4056 of 2025(6) dt.08-05-2026
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counsel for the appellant, the order dated 11.08.2025 passed by
the learned Special Judge, SC/ST Muzaffarpur in connection
with Katra P.S. Case No. 57 of 2025 is hereby set aside and the
appellant above-named, in the event of his arrest or surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Katra P.S. Case No. 57 of 2025 ,subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
shubham/-
U T
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