Patna High Court – Orders
Dinesh Kumar Singh @ Dina Singh vs The State Of Bihar on 22 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.693 of 2024
Arising Out of PS. Case No.-43 Year-2023 Thana- SC/ST District- Sheikhpura
======================================================
DINESH KUMAR SINGH @ DINA SINGH S/O LATE PARMESHWAR
SINGH R/O WARD NO. 10, VILLAGE/POST- TEUS, PS.- JAIRAMPUR,
BLOCK- BARBIGHA, DIST.- SHEIKHPURA, BIHAR.
... ... Appellant/s
Versus
1. The State of Bihar
2. SARASWATI DEVI W/O SIHDHI RAM R/O VILLAGE- TEUS, PS.-
JAIRAMPUR, DIST.- SHEIKHPURA, BIHAR.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Aditi Sharma, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 22-07-2025
Heard Ms. Aditi Sharma, learned counsel for the
appellant and Mrs. Usha Kumari 1, learned Spl.P.P. for the State.
2. Despite valid service of notice upon Respondent
No.2, no one appears on behalf of Respondent No.2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
04.01.2024 passed by the learned Court of 1st Additional
District and Sessions Judge-cum Special Judge, S.C./S.T. Act,
Sheikhpura in connection with A.B.P. No. 1118 of 2023 arising
out of Sheikhpura S.C./S.T. P.S. Case No. 43 of 2023, F.I.R.
dated 05.12.2023 registered under Sections 341, 323, 354, 504,
506 and 34 of the Indian Penal Code and Sections 3(i)(r), 3(1)(s)
and 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, the informant
was cleaning the village road on 28.11.2023 at around 6:30
Patna High Court CR. APP (SJ) No.693 of 2024(4) dt.22-07-2025
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A.M., when the appellant began abusing her for raising dust.
Upon her objection, the appellant allegedly assaulted her with a
lathi, causing injury to her hand and further assaulted her with
fists and kicks, pushed her to the ground, hurled caste-based
abused and threatened her.
5. Learned counsel for the appellant submits that the
appellant has clean antecedent and he has falsely been
implicated in the present case. 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. It appears from
the F.I.R. itself that the date of occurrence as alleged in the
F.I.R. is 28.11.2023 but the present F.I.R. has been instituted on
05.12.2023 i.e. after delay of seven days without giving any
explanation of the said delay which suggests that the informant
has filed the present case afterthought only to falsely implicate
the appellant in the present case, apart from that, from a bare
perusal of the F.I.R., it appears that there is no injury report
available on record which suggests that the informant has
received no injury and the appellant has not abused the
informant by her caste name.
6. Learned Special Public Prosecutor for the State, on
the other hand, has vehemently opposed the prayer for bail of
Patna High Court CR. APP (SJ) No.693 of 2024(4) dt.22-07-2025
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the appellant.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts, appellant has clean
antecedent, F.I.R. has been instituted after delay of seven days
which suggests that the informant has filed the present case
afterthought only to falsely implicate the appellant in the present
case and there is no injury report available on record which
suggests that the informant has received no injury, 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
surities of the like amount each to the satisfaction of learned
Court of District and Sessions Judge, cum Special Judge,
S.C./S.T. Act, Sheikhpura in connection with A.B.P. No. 1118 of
2023 arising out of Sheikhpura S.C./S.T. P.S. Case No. 43 of
2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other
following conditions:-
Patna High Court CR. APP (SJ) No.693 of 2024(4) dt.22-07-2025
4/4i. 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.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. 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 is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Neha/-
U T
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