Patna High Court
Dharamjeet Kumar @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the refusal of anticipatory bail and granted bail to the appellant subject to conditions.
Summary
The appellant, Dharamjeet Kumar, was charged with murder under IPC sections 302/34 and offences under the SC/ST Act in a case arising from a village dinner party where the victim was allegedly strangulated. The Special Judge had refused anticipatory bail, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The appellant argued that the notice was served, the informant did not appear, and the confession of a co‑accused did not implicate him in any overt act, citing similar bail orders granted to co‑accused Triloki Chaudhary, Naveen Kumar and Amarnath Kumar. The State opposed the appeal. The High Court set aside the refusal, directing that the appellant be released on anticipatory bail upon furnishing bond and sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the appeal was allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite the seriousness of the alleged offences.
- Whether the appellant’s alleged participation or knowledge of the murder warrants denial of bail.
- Whether the precedent of bail granted to co‑accused is applicable to the appellant.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- murder
- IPC 302
- Section 14-A
- Section 482
- High Court
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5061 of 2025
Arising Out of PS. Case No.-95 Year-2024 Thana- NAUHATTA District- Rohtas
======================================================
Dharamjeet Kumar @ Manoj Kumar S/o Ramsundar Mehta Resident of
village - Belourja Daranagar, Police Station- Nauhatta, District- Rohtas Bihar.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ramanand Paswan S/o Late Dukhan Paswan R/o vill - Daranagar, P.S.-
Nauhatta, Distt.- Rohtas
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Shankar Sahay, Adv.
Mr. Rakesh Kumar Mishra, Adv.
For the Respondent/s : Ms. Usha Kumari 1, Special P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-05-2026 1. Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 24.11.2025 passed by the learned Special Judge
S.C./S.T. (POA) Act, Rohtas at Sasaram in connection with
Nauhatta P.S. Case No.95/2024, registered for the offences
punishable under Sections 302/34 of the Indian Penal Code as
well as Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellant submits that from
Patna High Court CR. APP (SJ) No.5061 of 2025(3) dt.13-05-2026
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perusal of the office report dated 12.05.2026, it would manifest
that the notice has been validly served upon the respondent no.2
but then the informant despite receiving notice chooses not to
appear and contest. It is next submitted that as per prosecution
case, the informant alleges that his nephew received a call on his
phone to join a dinner party near water tank of the school of his
village and on the next day the informant came to know that the
dead body of his nephew was found hanging with a rope,
accordingly the FIR was instituted against unknown. It is next
submitted that during the course of investigation one Atul
Kumar @ Banti was arrested and he confessed that he has
organized a dinner party and had invited the deceased on mobile
phone to join the party and when the victim arrived, co-accused
Ritesh Bhushan @ Panda and Ankit Kumar Chandravanshi got
angry since deceased had objected love affair of Ritesh with his
cousin sister, thereafter Ankit caught hold of the deceased and
Ritesh strangulated him to death.
4. Learned counsel for the appellant submits that as
per confessional statement of Atul, no overt act is alleged
against the appellant and the appellant was not even knowing
that occurrence of the nature as alleged will take place in the
party. It is further submitted that similarly situated co-accused
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Triloki Chaudhary had approached this court seeking regular
bail by filing Cr. Misc. No.89944 of 2024 and the same came to
be allowed by an order dated 23.04.2025 passed by the then
learned coordinate Bench. It is next submitted that appellant is
seeking anticipatory bail but then his case is similar to the case
of Triloki Chaudhary. It is further submitted that Naveen Kumar
and Amarnath Kumar had approached this Court seeking
anticipatory bail by filing Cr. Misc. No.89146 of 2024 and the
same came to be allowed by an order dated 31.10.2025 passed
by a learned coordinate Bench, as such it is submitted that no
useful purpose would be served by sending the appellant to jail.
5. Learned Special P.P. for the State opposes the
appeal.
6. In view of the submissions made by the learned
counsel for the appellant, the order impugned is hereby set
aside and the appellant above-named, in the event of his arrest
or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court, in connection with the
aforesaid case, subject to the conditions as laid down under
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Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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