Patna High Court
Dharmvir Kumar @ Dharmvir Tati @ Dharamvir Tanti @ Dharamvir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of a specific overt act of caste abuse or threat, the appellant is entitled to bail.
Summary
The appellant, Dharmvir Kumar, appealed against the denial of bail by an Exclusive Special Judge in a case under several sections of the BNS and the SC/ST (Prevention of Atrocities) Act, alleging that he was falsely implicated for allegedly abusing a woman with caste-based slurs and threatening her. The prosecution argued that the appellant participated in the alleged caste abuse and threats, while the defence contended that the FIR lacked specific words of abuse, the allegations were vague, and the appellant had no prior criminal record and had been in custody since 6 October 2025. The court examined whether the allegations amounted to a specific overt act justifying denial of bail. Finding no concrete evidence of a specific caste‑based insult or threat and noting the appellant’s clean antecedent, the court concluded that bail should be granted. Consequently, the appeal was allowed, the earlier order set aside, and the appellant was directed to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under Sections 115(2), 126(2), 74, 329(3), 109l, 351(2), 352 and 3(5) of the BNS and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act.
- Whether the FIR specifically records caste‑based abuse and threat sufficient to deny bail.
- Whether the appellant’s lack of prior criminal record and prolonged pre‑trial detention warrant the grant of bail.
Legislation cited
- BNS — s. 109l, 115(2), 126(2), 329(3), 3(5), 351(2), 352, 74
- SC/ST (POA) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST (POA) Act
- caste abuse
- criminal procedure
- false implication
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5093 of 2025
Arising Out of PS. Case No.-409 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Dharmvir Kumar @ Dharmvir Tati @ Dharamvir Tanti @ Dharamvir Kumar
Son of Nepal Tati @ Nepali Tanti R/o Village - Bhorambag(Malahi), P.S. -
Kawakol, Dist. - Nawada.
... ... Appellant/s
Versus
1. The State of Bihar
2. Saraswati Devi Wife of Vasudev Manjhi R/o Village - Bhorambag Malahi ,
P.S. - Kawakol, Dist. - Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Diwakar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 21.11.2025 passed by learned Exclusive
Special Judge, Special Court, SC/ST Act, Nawada whereby the
prayer for bail of the appellant in connection with Kawakol P.S.
Case no. 409 of 2025 under Sections 115(2), 126(2), 74, 329(3),
109l 351(2), 352 and 3(5) of BNS and Sections 3(1) (r) (s) and
3(2) (va) of SC/ST (POA) Act was rejected.
3. The case of the respondent is that the appellant
along with others has abused the respondent with caste name
and has threatened her of dire consequences if she will file case
Patna High Court CR. APP (SJ) No.5093 of 2025(3) dt.20-04-2026
2/3
regarding the occurrence of 02.10.2025 which was committed
by one Nepali Tanti.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. Learned
counsel has submitted that at most the allegation against the
appellant is that of threatening and that too is general and
omnibus in nature. As far as abusing the respondent with caste
name is concerned, no specific words are written in the FIR
rather only term that she was abused with caste name. A
statement has been made in para-3 of this petition that the
appellant has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 06.10.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 21.11.2025 is hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Kawakol P.S. Case No. 409 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
Patna High Court CR. APP (SJ) No.5093 of 2025(3) dt.20-04-2026
3/3
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, Special Court, SC/ST Act,
Nawada.
(Ashok Kumar Pandey, J)
shubham/-
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