Dilkhush Kumar Singh @ Dilkhush Kumar v. The State of Bihar
CR. APP (SJ)/4559/2025 · 2026-03-12
Sandeep Kumar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4099 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4099 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4559 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- DANDARI District- Begusarai ====================================================== Dilkhush Kumar Singh @ Dilkhush Kumar S/O Shashi Bhushan Prasad Singh @ Bhoshan Singh @ Bhushan Singh R/o Vill.- Safapur, P.S.- Nayagaon, District- Begusarai ... ... Appellant/s Versus
1. The State of Bihar Patna
2. Mausham Devi W/O Sajan Paswan R/O Vill.- Sudharan, Ward no. 12, P.s.- Dandari, Dist.- Begusarai. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Anil Kumar Choudhary For the Respondent/s : Mr.Binay Krishna For the Informant : Mr. Braj Bhushan Poddar ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated 04.11.2025 passed by the Exclusive Special Judge, SC/ST Act, Begusarai in connection with Dandari P.S. Case No. 16 of 2025 registered for the offence under Sections 127(2), 115(2), 74, 352, 351(2), 3(2) of the BNS and under section 3 (2) (s), 3(1)(r), 3 (1) (w), 3(2)(va) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, when the informant went to Katarmala Chowk to buy bangles, the accused persons came there and started abusing her with caste name and when she protested, the accused persons fled away from there by
Patna High Court CR. APP (SJ) No.4559 of 2025(4) dt.12-03-2026 2/3 threatening to kill her and her husband.
4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because old dispute between the parties and therefore the application of the anticipatory bail is maintainable. He further submits that earlier also, the informant’s husband has lodged a false case against the appellant.
5. Learned counsel for the State and informant have opposed the prayer of the appellant.
6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that for the earlier dispute, the occurrence has taken place and therefore, this application for grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and accordingly, the order dated 04.11.2025, is hereby set aside.
8. Let the appellant, in the event of his arrest or surrender within four weeks from today, be released on bail on
Patna High Court CR. APP (SJ) No.4559 of 2025(4) dt.12-03-2026 3/3 furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Begusarai/concerned Court below in connection with Dandari P.S. Case No. 16 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
Vikas/- (Sandeep Kumar, J) U