Patna High Court
Dharam Prakash Singh @ Dharamendra Singh @ Dharam Prakash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The anticipatory bail is maintainable as the FIR does not disclose an offence under the SC/ST Act, and the order rejecting bail is set aside.
Summary
The appellants, three residents of Akbarpur, were charged under several sections of the Bihar Penal Code and the SC/ST (Prevention of Atrocities) Act for allegedly assaulting an informant. They applied for anticipatory bail, which the Special Judge under the SC/ST Act rejected. On appeal, the Patna High Court examined the FIR and concluded that the incident stemmed from a dispute over an orchestra program and did not constitute an offence against a member of the SC/ST community. Consequently, the court held that the anticipatory bail application was maintainable. The appeal was allowed, the order of 13‑08‑2025 was set aside, and the appellants were directed to be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the FIR establishes an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail under Section 438 CrPC is maintainable when the alleged offence under the SC/ST Act is not substantiated.
- Whether the Special Judge erred in rejecting the anticipatory bail application.
Legislation cited
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 126(2), 191(2), 351(3), 352
- Code of Criminal Procedure — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- FIR analysis
- criminal procedure
- Section 438 CrPC
- Section 482 BNSS
- dispute
- orchestra program
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4170 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- ROHTAS District- Rohtas
======================================================
1. Dharam Prakash Singh @ Dharamendra Singh @ Dharam Prakash Kumar
Singh S/o Ram Swarup Singh Resident of vill- Akbarpur, Kakehatiya, P.S
and Distt.- Rohtas,
2. Vikas Kumar Singh S/o Ram Swarup Singh Resident of vill- Akbarpur,
Kakehatiya, P.S and Distt.- Rohtas,
3. Kanhai Singh @ Kanhaiya Singh S/o Ram Lakhan Singh Resident of vill-
Akbarpur, Kakehatiya, P.S and Distt.- Rohtas,
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Dhanu Kumar Paswan S/o Ganesh Paswan R/o ward no. 5, vill - Kakehatiya,
P.S. and Distt.- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sadanand Roy
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
13.08.2025 passed by the learned Special Judge, SC/ST Act,
Sasaram, Rohtas in connection with Rohtas P.S. Case No. 95 of
2025 registered for the offence under Sections 115(2), 109(1),
191(2), 352, 351(3), 126(2) of the BNS and under section 3 (2)
(s), 3(1)(r), 3(2)(va) of S.C/S.T. (POA) Act by which
anticipatory bail filed by the appellants has been rejected.
3. As per the prosecution case, the accused persons
are said to have assaulted the informant.
Patna High Court CR. APP (SJ) No.4170 of 2025(5) dt.12-03-2026
2/3
4. Learned counsel for the appellants submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the occurrence has taken place because of a dispute in the
orchestra program and therefore the application of the
anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that he is a member of SC/ST community and
primarily, it appears that for a dispute in orchestra, the
occurrence has taken place and therefore, this application for
grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 13.08.2025, is hereby set aside.
8. Let the appellants, in the event of their arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Special Judge, SC/ST Act, Sasaram,
Patna High Court CR. APP (SJ) No.4170 of 2025(5) dt.12-03-2026
3/3
Rohtas/concerned Court below in connection with Rohtas P.S.
Case No. 95 of 2025, subject to the conditions laid down under
Section 438(2) of the Code of Criminal Procedure/482(2) of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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