Created by Fuzzy Cloud

Patna High Court

Dinesh Patel @ Dinesh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court set aside the trial court’s order rejecting bail and granted bail to the appellant subject to specified conditions.

Summary

The appellant, Dinesh Patel, was charged under several sections of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant during a land‑related dispute. The trial court rejected his bail application, prompting an appeal under Section 14(A)(2) of the SC/ST Act. The appellant contended that the FIR was false, motivated by a retaliatory land dispute, and that the injuries reported were minor, not warranting an offence under the SC/ST Act. The State opposed bail, asserting that the appellant and co‑accused had brutally assaulted the informant and his father. The Patna High Court set aside the trial court’s order, granting bail on a Rs 10,000 bond with two sureties and imposing conditions to prevent intimidation of the informant and to verify the appellant’s criminal antecedents. The appeal was allowed and the bail order was issued subject to those conditions.

Issues considered

  • Whether the appellant is entitled to bail under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act.
  • Whether the facts alleged in the FIR constitute an offence punishable under the SC/ST Act.
  • Whether the trial court erred in rejecting the bail application.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • false FIR
  • land dispute
  • scheduled caste
  • criminal procedure
  • Section 14A
  • Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4368 of 2025
                  Arising Out of PS. Case No.-734 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Dinesh Patel @ Dinesh kumar S/o Jamuna Rout R/o Vill- Khairwa gokhula,
                 P.S.- Shikarpur, Distt- West Champaran (Bihar)

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Jayram Ram S/o Sudama Ram R/o Vill- Khairwa, P.S.- Shikarpur, Distt-
                 West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Suresh Prasad Sharma, Advocate
                 For the State           :        Mr.Sadanand Paswan, Spl. PP
                 For the Informant       :        Mr. Mayank Mohan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   23-02-2026                   Heard the learned counsel for the parties.

                                2. This 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 23.09.2025 passed by the learned District and

                   Addl Session Judge, 1st cum Special Judge, SC/ST, passed in

                   A.B.P. No. 2290 of 2025 in connection with Shikarpur P.S.

                   Case No. 734 of 2025 registered for the offence/s

                   punishable u/ss 126(2), 115(2), 118(1), 352 and 3(5) of the

                   BNS and under Section 3 (i)(r)(s) of the SC/ST (POA) Act.

                                3. As per the prosecution case, the informant has
Patna High Court CR. APP (SJ) No.4368 of 2025(4) dt.23-02-2026
                                             2/4




          alleged that all the FIR named accused were planting paddy

          in the field and when the informant approached, all the

          named accused persons, not only abused but also assaulted

          him by means of lathi, danda and iron tangi.

                       4. Learned counsel for the appellant, submits that

          the appellant has falsely been implicated in this case and no

          such incident as alleged has occurred and it is only on

          account of some land dispute, the present false and

          concocted case has been lodged. It has further been

          submitted that in fact, prior to the present case, the brother

          of the appellant had registered a case and in retaliation to

          the same, the present false FIR was lodged. It has next been

          submitted that from the perusal of the injury report, which

          has been brought on record by way of Annexure-P/4, it

          would be evident that the injury sustained is simple in

          nature and from plain reading of the FIR, no case under

          SC/ST Act is made out.

                       5. Learned counsel for the respondent No. 2 as

          well as the learned Spl. PP has vehemently opposed the

          prayer for bail and have submitted that the appellant and

          others had assaulted the informant brutally causing grievous
Patna High Court CR. APP (SJ) No.4368 of 2025(4) dt.23-02-2026
                                             3/4




          injury to the father of the informant. It has also been

          submitted that           they all had abused the informant and

          others.

                      6. Considering the aforesaid submissions and facts

          of the case, the order passed by the learned Trial Court

          dated 23.09.2025 passed in A.B.P. No. 2290 of 2025 is

          accordingly set aside. Let the appellant above named be

          released on bail on furnishing bail bonds of Rs.10,000/-(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 Shikarpur P.S.

          Case No. 734 of 2025, subject to the following conditions:

                       (i) One of the bailors of the appellant shall be

          his/her close relative and the other shall be the local

          resident.

                       (ii) The appellants shall in no manner threaten or

          try to contact or influence the informant.

                       (iii) The learned Court below shall verify the

          criminal antecedent of the appellant and in case at any stage

          it is found that the appellant has concealed his criminal

          antecedent, the court below shall take step for cancellation
               Patna High Court CR. APP (SJ) No.4368 of 2025(4) dt.23-02-2026
                                                            4/4




                         of bail bond of the appellant. 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.

                                      7. The criminal appeal is allowed.

                                      8. It is made clear that the observation, if any, made

                         in this order, shall be of no bearing during the trial.



                                                   (Sourendra Pandey, J)
aditya/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.