Patna High Court – Orders
Dilip Kumar vs The State Of Bihar on 1 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4100 of 2024
Arising Out of PS. Case No.-227 Year-2024 Thana- MANER District- Patna
======================================================
Dilip Kumar Son of Lal Babu Rai Village- Tata colony, Ps- Maner, Dist-
Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Shyam Babu Rajak Son of Late Bangali Rajak village- Jamunia Tola, near
Murgiform, Ps- Maner, Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravi Kumar, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-07-2025
Heard Mr. Ravi Kumar, learned counsel for the
appellant as well as Mrs. Usha Kumari-1, learned Special Public
Prosecutor for the State.
2. Learned counsel for the State fairly submits that
the informant is a Government Official and hence no notice
need be issued under SC/ST Act.
3. This is an appeal under Sections 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, against refusal of the prayer for anticipatory bail
by order dated 30.05.2024 in A.B.P. No. 1993 of 2024 passed by
the learned Exclusive Special Judge, SC/ST, Civil Court
(Sadar), Patna in connection with Maner P.S. Case No. 227 of
Patna High Court CR. APP (SJ) No.4100 of 2024(4) dt.01-07-2025
2/4
2024 registered under Sections 341, 323, 307, 504, 506 and 34
of the Indian Penal Code and Sections 3(i) (r)(s) of SC/ST Act.
4. Allegation against the appellant is that he along
with other co-accused persons came to the house of the
informant and started abusing by taking his caste name and also
assaulted the informant’s son with rod as a result of which he
sustained head injury.
5. Learned counsel for the appellant submits that the
appellant is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the appellant has not
committed any offence as alleged in the F.I.R. He further
submits that from perusal of the F.I.R. it appears that the
occurrence is alleged to have taken place at the house of the
informant which is not a public place and as per allegation in the
F.I.R. the appellant and other co-accused persons have assaulted
to the informant and their family members but there is no
specific allegation against the appellant and apart from that the
abusing word taken by all accused persons at the house of the
informant and hence no case is made out under SC/ST Act.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for anticipatory bail of the
Patna High Court CR. APP (SJ) No.4100 of 2024(4) dt.01-07-2025
3/4
appellant and submits that the appellant is named in the F.I.R.
and apart from that he along with other co-accused persons have
abused the informant. He further submits that the carries one
more case other than the present one but fairly submits on the
basis of paragraph-3 of the bail petition that the appellant is on
bail in the pending matter.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Casts and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and the fact that the
occurrence had taken place at the house of the informant and
there is no specific allegation of any assault or overt act
attributed against the appellant, let the appellant, above named,
in the event of his arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on anticipatory bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge SC/ST Civil Court (Sadar), Patna in connection with
Maner P.S. Case No. 227 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 along with other
Patna High Court CR. APP (SJ) No.4100 of 2024(4) dt.01-07-2025
4/4
following conditions :-
(1) Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the appellant tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the appellant and in case at any
stage, it is found that the appellant has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the appellant. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
9. Accordingly, the impugned order dated 30.05.2024
is set aside and this appeal stands allowed.
(Rajesh Kumar Verma, J)
Ibrar//-
U T