IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4312 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Bhojpur ====================================================== Dhanjee Singh @ Dhananjay Kumar Singh S/o- Prabhu Dayal Singh @ Prabhu Singh, R/v- Bimari PS- Shahpur Dist- Bhojpur ... ... Appellant/s Versus 1. The State of Bihar 2. Santosh Paswan S/o- Late Triloki Paswan R/v- Bimari Ps- Shahpur Dist- Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shiv Prasad Gupta, Adv. For the Respondent No. 2: Mr. Md. Ataul Haque, Adv. For the State : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 25-02-2026 Heard the learned counsel for the appellant, the learned counsel for the informant/respondent No. 2 and the learned Special Public Prosecutor for the State. 3. This is an appeal under Section 14(A)(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short the SC/ST (POA) Act] against the rejection of prayer for bail vide order dated 01.09.2025 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge, SC/ST Act, Bhojpur in A.B.P. No. 2146 of 2025 in connection with SC/ST P.S. Case No. 17 of 2025 registered for the offence(s) under Section(s) 126(2), 115(2), 118(2), 325, 352, 351(2) and Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026 2/4 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and Section(s) 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act. 4. As per the prosecution case, the allegation against the appellant, namely, Dhanjee Singh @ Dhananjay Kumar Singh, is that he had abused the informant/respondent No. 2 by taking his caste name and, subsequently, the other co- accused persons had hurled abuses and even assaulted him with torch. 5. The learned counsel for the appellant submits that he has falsely been implicated in this case and there is no specific allegation of any overt act against him. It has been submitted that the allegations levelled against the appellant are general and omnibus in nature. It has further been submitted that though general allegation of abuse has also been levelled against the appellant, but it is not clear as to whether it was given in a full public view and at a public place and, therefore, the provisions of the SC/ST (POA) Act is not attracted against the appellant in the present case. It has next been submitted that the injury sustained by the informant/respondent No. 2 was found to be simple in nature. It has lastly been submitted that appellant has clean antecedents. 6. The learned Special Public Prosecutor for the Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026 3/4 State as also the learned counsel appearing on behalf of the informant/respondent No. 2 have vehemently opposed the bail petition of the appellant and have submitted that he along with his brothers had not only abused the informant/respondent No. 2 but had even threatened him and, thereafter, one of the co- accused had assaulted the informant/respondent No. 2. 7. Having considered the submissions made on behalf of the parties and taking into account the fact that nothing specific has been attributed against the appellant, let the appellant, above-named, be released on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on his/her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with SC/ST Case No. 17 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions: (i) One of the bailors of the appellant shall be his/her close relative and the other shall be a local Patna High Court CR. APP (SJ) No.4312 of 2025(3) dt.25-02-2026 4/4 resident. (ii) The appellant shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions, without reasonable cause, or in violation of the terms of the bail, the bail bonds of the appellant will be liable to be cancelled by the concerned Court. (iv) The concerned Court shall verify the criminal antecedents of the appellant and in case, at any stage, it is found that he/she has concealed his/her criminal antecedents, the Court concerned shall take necessary steps for cancellation of his/her bail bonds. 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. (v) The appellant shall in no manner threaten or try to contact or influence the informant/respondent No. 2. 8. Accordingly, the impugned order, referred to above, is set aside. 9. The appeal stands allowed. 10. It is made clear that the observation, if any, made in this order, shall be of no bearing during trial. Praveen-II/- (Sourendra Pandey, J) U T