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Patna High Court

Dhiraj Kumar Singh @ Dhiraj SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U       T


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