Patna High Court
Dilwar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court set aside the lower court's refusal of bail and granted bail to the appellants, holding that the prosecution had not established a cognizable offence under the SC/ST Act.
Summary
The appellants, Dilwar Kumar and Kundla Manjhi, appealed against the refusal of bail granted by the Exclusive Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in a murder and arson case involving the informant Samudri Devi. They contended that they were falsely implicated due to village politics, that no caste-based insult was made, and that no specific allegation of assault existed against them. The State opposed bail, highlighting the seriousness of the offences and noting a criminal antecedent for one appellant. The High Court examined whether the allegations fell within the ambit of the SC/ST Act and whether bail was appropriate under the circumstances. Finding no concrete evidence of a caste-based offence and noting the appellants' lack of intent to disgrace the informant, the Court set aside the lower court's orders and granted bail to both appellants, ordering them to furnish bail bonds with sureties. Consequently, the appeal was allowed.
Issues considered
- Whether the allegations against the appellants constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
- Whether bail should be granted to the appellants pending trial under the SC/ST Act.
- Whether the lower court's refusal of bail was justified in view of the facts and the statutory provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Bihar Dian Act — s. 3, 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3, 3(1)(r)(s), 3(2)(v), 4
Subjects
- bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- atrocity
- murder
- caste-based offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4462 of 2025
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
1. Dilwar Kumar Son of Anil Manjhi Resident of village - Panchugarh,
Musahari, Police Station - Hisua, District - Nawada.
2. Meena Devi Wife of Manoj Manjhi @ Manoj Manzi Resident of village -
Panchugarh, Musahari, Police Station - Hisua, District - Nawada.
... ... Appellant/s
Versus
1. The State of Bihar
2. Samudri Devi Wife of Late Gaya Manjhi Resident of village - Panchugarh,
Musahari, Police Station - Hisua, District - Nawada.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1038 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
Kundla Manjhi @ Kundan Manjhi son of Gangwa Manjhi Resident of
village- Panchugarhpar Mushahari, Hisua, P.S - Hisua, Dist - Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Samundri Devi Wife of Late Gaya Manjhi Resident of village-
Panchugarhpar Mushahari, P.S - Hisua, Dist - Nawada
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4462 of 2025)
For the Appellant/s : Mr. Deepak Kumar
For the Respondent/s : Mrs. Usha Kumari 1
(In CRIMINAL APPEAL (SJ) No. 1038 of 2026)
For the Appellant/s : Mr. Birendra Kumar
For the Respondent/s : Mr. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 07-05-2026 Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Patna High Court CR. APP (SJ) No.4462 of 2025(5) dt.07-05-2026
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Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter
referred to as the “SC/ST Act”) against the refusal of prayer for
bail vide order dated 23.09.2025 and 11.02.2026 passed by the
learned Exclusive Special Judge, Special court, SC/ST Act,
Nawada in connection with Hisua P.S. Case No. 507 of 2025
registered for the offences punishable under Sections 191(2),
190, 103(1), 103(2), 115(2) & 109 of the Bharatiya Nyaya
Sanhita, 2023, under Sections 3 and 4 of the Bihar Dian Act and
under Sections 3(1)(r)(s), 3(2)(v) of the SC/ST Act.
3. The case of the complainant, in short, is that the
appellants along with other co-accused persons have murdered
the husband of informant and they also decided to burn the
informant Samudri Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellants submits that
appellants are innocent and have falsely been implicated in the
present case due to dirty village politics. Chargesheet has been
submitted in this case. No specific allegation is against the
appellants. He also submits that the name of appellant no. 2
namely, Kundla Manjhi has surfaced during investigation on the
basis of confessional statement of co-accused Mohan Manjhi.
Learned counsel for the appellant further submits that the
appellants have not taken the caste name of the informant in
Patna High Court CR. APP (SJ) No.4462 of 2025(5) dt.07-05-2026
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public view. Hence, no offence under the provisions of SC/ST
Act is made out against them. The appellants have no intention
to disgrace the image of the informant in public view. There is
no specific allegation of assault against the appellants. He
further submits that similarly situated co-accused has been
granted bail by this Court vide Cr. Misc. No. 4569 of 2025. The
appellant no. 1 is languishing in judicial custody since
28.08.2025 whereas appellant no. 2 is in custody since
26.12.2025 respectively.
5. Learned Spl.P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellants and
submits that the appellant no. 1 has no criminal antecedent
whereas appellant no. 2 has criminal antecedent of one case.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 23.09.2025 and
11.02.2026 passed by the learned Exclusive Special Judge,
Special court, SC/ST Act, Nawada in connection with B.P. No.
1411 of 2025 and 149 of 2026 arising out of Hisua P.S. Case No.
507 of 2025 is hereby set aside and the appellants above-named,
be released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each of them with two sureties of the
like amount each to the satisfaction of the learned court of
Patna High Court CR. APP (SJ) No.4462 of 2025(5) dt.07-05-2026
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Exclusive Special Judge, SC/ST Act, Nawada in connection
with Hisua P.S. Case No. 507 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
Sudhanshu/-
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