Patna High Court
Dilkhush Kumar Singh @ Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the FIR does not disclose a caste‑based offence under the SC/ST Act and that anticipatory bail is maintainable, setting aside the order rejecting bail.
Summary
The appellant, Dilkhush Kumar Singh, was charged under several sections of the BNS and the SC/ST (POA) Act for allegedly abusing and threatening an informant on the basis of caste. The informant claimed the accused used caste slurs and threatened her and her husband while she was buying bangles. The appellant contended that the incident stemmed from an old personal dispute and that no offence under the SC/ST Act was made out, seeking anticipatory bail. The Special Judge had rejected the bail application. The High Court examined the FIR and found that the allegations did not constitute a caste‑based offence, concluding that the anticipatory bail application was maintainable and setting aside the lower court’s order. Consequently, the appellant was directed to be released on bail with prescribed bond and surety conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the facts disclosed in the FIR constitute an offence punishable under the SC/ST (POA) Act.
- Whether anticipatory bail under Section 438 CrPC is maintainable in the present case.
- Whether the appellant was falsely implicated and the case is a personal dispute rather than a caste‑based offence.
Legislation cited
- BNS — s. 115(2), 127(2), 3(2), 351(2), 352, 74
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- false implication
- criminal procedure
- bail conditions
- personal dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4559 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Dilkhush Kumar Singh @ Dilkhush Kumar S/O Shashi Bhushan Prasad Singh
@ Bhoshan Singh @ Bhushan Singh R/o Vill.- Safapur, P.S.- Nayagaon,
District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Mausham Devi W/O Sajan Paswan R/O Vill.- Sudharan, Ward no. 12, P.s.-
Dandari, Dist.- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anil Kumar Choudhary
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Braj Bhushan Poddar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
04.11.2025 passed by the Exclusive Special Judge, SC/ST Act,
Begusarai in connection with Dandari P.S. Case No. 16 of 2025
registered for the offence under Sections 127(2), 115(2), 74,
352, 351(2), 3(2) of the BNS and under section 3 (2) (s), 3(1)(r),
3 (1) (w), 3(2)(va) of S.C/S.T. (POA) Act by which anticipatory
bail filed by the appellant has been rejected.
3. As per the prosecution case, when the informant
went to Katarmala Chowk to buy bangles, the accused persons
came there and started abusing her with caste name and when
she protested, the accused persons fled away from there by
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threatening to kill her and her husband.
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 old dispute between the
parties and therefore the application of the anticipatory bail is
maintainable. He further submits that earlier also, the
informant’s husband has lodged a false case against the
appellant.
5. Learned counsel for the State and informant have
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 she is a member of SC/ST community and
primarily, it appears that for the earlier dispute, 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 04.11.2025, is hereby set aside.
8. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
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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 Exclusive Special Judge, SC/ST Act,
Begusarai/concerned Court below in connection with Dandari
P.S. Case No. 16 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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