Patna High Court
Dhiraj Kumar Singh @ Dhiraj SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the order rejecting bail is set aside and anticipatory bail is granted to the appellants.
Summary
The appellants, Dhiraj Kumar Singh and Shivam Kumar, were charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 following an FIR in which the informant alleged that the accused had visited his house, used caste slurs, demanded money and allegedly assaulted him and his wife. The informant, despite being served notice, failed to appear before the court. The appellants contended that the dispute was purely monetary, the alleged abuse was vague and ornamental, and that they had clean antecedents, arguing that the allegations did not amount to an offence under the SC/ST Act. The State opposed the bail application, maintaining that the seriousness of the alleged atrocities warranted denial of bail. The Patna High Court allowed the appeal under Section 14(A)(2) of the SC/ST Act, set aside the order rejecting bail, and granted anticipatory bail subject to a modest bond and sureties.
Issues considered
- Whether the rejection of bail under Section 14(A)(2) of the SC/ST Act was justified given the nature of the allegations and the informant’s non‑appearance.
- Whether the facts alleged in the FIR constitute an offence punishable under the SC/ST (Prevention of Atrocities) Act or are merely a civil/money dispute.
- Whether anticipatory bail can be granted in a case involving alleged caste‑based harassment and IPC offences.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(1)(s)
Subjects
- anticipatory bail
- bail under SC/ST Act
- caste based offence
- IPC offences
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4090 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Dhiraj Kumar Singh @ Dhiraj Singh S/O Jagdish Prasad Singh Resident of
Village- Bharouli, P.S- Sonbarsa Kachahari, District- Saharsa.
2. Shivam Kumar @ Nanku Kumar Singh S/O Dhiraj Kumar Singh @ Dhiraj
Singh Resident of Village- Bharouli, P.S- Sonbarsa Kachahari, District-
Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sandeep Kumar @ Sandeep Paswan S/O Akhilesh Paswan R/O Village-
Sitanabad, Ward No. 01, Under Gram Panchayat Sitanabad Utari, P.S-
Bakhtiyarpur, Distt.- Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amit Kumar Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 05-05-2026 Heard learned counsel for the appellants, learned Spl.
P.P., Mr.Binay Krishna, appearing for the State.
2. This appeal is an Appeal under Section 14(A)(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the rejection of prayer for bail vide
order dated 28.08.2025, passed by learned Additional District and
Sessions Judge-I-cum-Special Judge (SC/ST), Saharsa, in
connection with Bakhtiyarpur (B.K.P.) P.S. Case No. 160 of 2025,
registered for the offence punishable under Sections 126(2), 115(2),
109, 74, 352, 351(2), 3(5) of BNS and Sections 3(1)(s) of SC/ST
(POA) 1989.
Patna High Court CR. APP (SJ) No.4090 of 2025(4) dt.05-05-2026
2/3
3. The learned counsel appearing on behalf of the appellants
submits that informant despite receiving notice chooses not to
appear and contest. It is next submitted that appellants are persons
with clean antecedent and the informant alleges that named accused
persons including the appellants came on 15.05.2025 in between
8.30 A.M. 9 A.M. to his house and Dhiraj abused by taking caste
name and demanded Rs. 50,000/- on the pretext that informant
earns a lot, on which informant objected, when Dhiraj said to pay
Rs.25,000/- which accrued on account of interest, on which the
informant said that he had already paid Rs.10,000/- and is not in a
position to pay interest, on which all the accused abused and
dashed him and acted inappropriately with his wife.
4. The learned counsel appearing on behalf of the appellants
submits that the appellants have been falsely implicated in the
instant case by the informant, it is next submitted from perusal of
the allegation as alleged in the F.I.R., it was manifest that the
dispute relates to money as informant himself alleges that Dhiraj
asked him to pay Rs. 25,000/- which had accrued on account of
interest but informant said that he had already paid Rs. 10,000/-, it
is further submitted that even presuming what has been alleged is
too without admitting then the entire occurrence took place at the
house of the informant, thus was not in public view, it is also
Patna High Court CR. APP (SJ) No.4090 of 2025(4) dt.05-05-2026
3/3
submitted that allegation of abuse and assault is general and
omnibus in nature, it is next submitted that as far as allegation of
acting inappropriately with wife of the informant is concerned, the
same is ornamental, it is next submitted that this perhaps explain
why informant despite receiving notice chooses not appear and
contest
5. The learned A.P.P. for the State vehemently opposes the
prayer for bail.
6. This appeal is allowed and the impugned order is set aside.
Let the appellants, above named, in the event of their arrest or
surrender before the Court below within a period of thirty days
from the date of receipt of the order, be released on anticipatory
bail on furnishing bail bond of Rs.5,000/- (Five Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Additional District and Sessions Judge-I-cum-Special
Judge (SC/ST), Sharsa, in connection with Bakhtiyarpur (B.K.P.)
P.S. Case No. 160 of 2025.
(Satyavrat Verma, J)
sanjeev/-
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