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Patna High Court

Dharmvir Kumar @ Dharmvir Tati @ Dharamvir Tanti @ Dharamvir KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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/-

U     T


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