Patna High Court
Dhanjee Singh @ Dhananjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The appeal is allowed; the order rejecting bail is set aside and anticipatory bail is granted to the appellant subject to conditions.
Summary
The appellant, Dhanjee Singh, appealed against the rejection of his bail petition under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that he, along with co‑accused, abused and threatened the informant on the basis of his caste, leading to charges under multiple sections of the SC/ST Act, the Bharatiya Nyaya Sanhita, and the Indian Penal Code. The appellant contended that the allegations were vague, that no overt act was specifically attributed to him, and that the injury to the informant was simple, seeking anticipatory bail. The High Court examined whether the facts attracted the SC/ST Act and found no specific act against the appellant, granting anticipatory bail with stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The lower court's order rejecting bail was set aside and the appeal was allowed.
Issues considered
- Whether the appellant's alleged caste‑based abuse attracts the provisions of the SC/ST (Prevention of Atrocities) Act for denial of bail.
- Whether the rejection of anticipatory bail under Section 14(A)(2) of the SC/ST Act was justified in view of the nature of the allegations.
- Whether the appellant is entitled to anticipatory bail subject to conditions under the CrPC and B.N.S.S.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14(A)(2), 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST (Prevention of Atrocities) Act
- caste based abuse
- bail conditions
- criminal appeal
- Code of Criminal Procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4312 of 2025
Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Bhojpur
======================================================
Dhanjee Singh @ Dhananjay Kumar Singh S/o- Prabhu Dayal Singh @
Prabhu Singh, R/v- Bimari PS- Shahpur Dist- Bhojpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Santosh Paswan S/o- Late Triloki Paswan R/v- Bimari Ps- Shahpur Dist-
Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiv Prasad Gupta, Adv.
For the Respondent No. 2: Mr. Md. Ataul Haque, Adv.
For the State : Mr. Binay Krishna, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 25-02-2026 Heard the learned counsel for the appellant, the
learned counsel for the informant/respondent No. 2 and the
learned Special Public Prosecutor for the State.
3. This is an appeal under Section 14(A)(2) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)
Act, 1989 [in short the SC/ST (POA) Act] against the rejection of
prayer for bail vide order dated 01.09.2025 passed by the
learned 1st Addl. Sessions Judge-Cum-Special Judge, SC/ST
Act, Bhojpur in A.B.P. No. 2146 of 2025 in connection with
SC/ST P.S. Case No. 17 of 2025 registered for the offence(s)
under Section(s) 126(2), 115(2), 118(2), 325, 352, 351(2) and
Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026
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3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and
Section(s) 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act.
4. As per the prosecution case, the allegation
against the appellant, namely, Dhanjee Singh @ Dhananjay
Kumar Singh, is that he had abused the informant/respondent
No. 2 by taking his caste name and, subsequently, the other co-
accused persons had hurled abuses and even assaulted him with
torch.
5. The learned counsel for the appellant submits
that he has falsely been implicated in this case and there is no
specific allegation of any overt act against him. It has been
submitted that the allegations levelled against the appellant are
general and omnibus in nature. It has further been submitted
that though general allegation of abuse has also been levelled
against the appellant, but it is not clear as to whether it was
given in a full public view and at a public place and, therefore,
the provisions of the SC/ST (POA) Act is not attracted against
the appellant in the present case. It has next been submitted that
the injury sustained by the informant/respondent No. 2 was
found to be simple in nature. It has lastly been submitted that
appellant has clean antecedents.
6. The learned Special Public Prosecutor for the
Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026
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State as also the learned counsel appearing on behalf of the
informant/respondent No. 2 have vehemently opposed the bail
petition of the appellant and have submitted that he along with
his brothers had not only abused the informant/respondent No. 2
but had even threatened him and, thereafter, one of the co-
accused had assaulted the informant/respondent No. 2.
7. Having considered the submissions made on
behalf of the parties and taking into account the fact that nothing
specific has been attributed against the appellant, let the
appellant, above-named, be released on anticipatory bail, in the
event of his/her arrest or surrender before the learned Court
below within a period of four weeks from today, on his/her
furnishing bail bonds in the sum 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 SC/ST Case No. 17
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions:
(i) One of the bailors of the appellant shall be
his/her close relative and the other shall be a local
Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026
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resident.
(ii) The appellant shall remain physically present
before the concerned Court on each and every date of
the trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive
occasions, without reasonable cause, or in violation of
the terms of the bail, the bail bonds of the appellant will
be liable to be cancelled by the concerned Court.
(iv) The concerned Court shall verify the criminal
antecedents of the appellant and in case, at any stage, it
is found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bonds. However,
the acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
(v) The appellant shall in no manner threaten or try
to contact or influence the informant/respondent No. 2.
8. Accordingly, the impugned order, referred to
above, is set aside.
9. The appeal stands allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during trial.
(Sourendra Pandey, J)
Praveen-II/-
U T
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