Dhananjay Singh @ Polu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2450 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- MARANCHI District- Patna ====================================================== Dhananjay Singh @ Polu Singh S/o- Kusho Singh Village and TolaCharbhaiya, Marachi, Police Station-Marachi, District- Patna ... ... Appellant
Versus
1.
The State of Bihar 2.
Sumiran Paswan @ Sumiran S/o- Late Kant Paswan Village- Marachi PsMarachi Dist- Patna ... ... Respondents ====================================================== Appearance :
For the Appellant :
Mr. Hridayal Kumar, Advocate For the Respondent-State:
Mrs. Usha Kumari 1, Spl. PP For the Respondent No.2:
Mr. Kumar Mangalam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 18-02-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor appearing for the State and learned counsel for respondent No.2.
2. This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 03.06.2025 passed by learned Exclusive Special Judge SC/ST Act, Civil Court (Sadar), Patna, in A.B.P. No.2074 of 2025, in connection with Marachi P.S. Case No. 14 of 2025, registered under Sections 316(2), 3(5), 352 and 351(2) of the Bhartiya Nyay Sanhita, 2023, and Section 3(1)(s), 3(a)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of
Patna High Court CR. APP (SJ) No.2450 of 2025(5) dt.18-02-2026 2/3 anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, the informant, Sumiran Paswan, alleged that he is a labourer and as his wife was ill, he had borrowed Rs.18,000/- from the appellant and had returned Rs. 10,000/- and he was also ready to pay the rest Rs.8,000/- however, the appellant claiming the amount to have become Rs.90,000/- with interest pressurized him to pay him and came to his house and also abused him by taking his caste name. It is further alleged that the appellant took his tractor about two and half years back in lieu of the loan and when the informant went for his tractor, he was told that it has been sold and he was again abused and driven away and threatened that if he approaches anyone in the matter, he will be killed.
4. Learned counsel for the appellants submits that the alleged abuses were within the four corners of the house and hence the offence under SC/ST Act would not be made out. It is further submitted that there is no evidence on record to suggest that the appellant sold the tractor of the informant in lieu of the loan amount.
5. Learned counsel for the respondent no. 2 and learned Special Public Prosecutor for the State have opposed the prayer for grant of anticipatory bail to the appellant and
Patna High Court CR. APP (SJ) No.2450 of 2025(5) dt.18-02-2026 3/3 submitted that there are serious allegations against the appellant. Moreover, the appellant has sold the tractor of the informant and abused him by caste name.
6. Considering the fact that the allegation of selling the tractor is not supported by any cogent material and the allegation of abuses does not appear to be within the public view, let the above named appellant, in the event of his arrest/surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Exclusive Special Judge SC/ST Act, Civil Court (Sadar), Patna, in connection with Marachi P.S. Case No. 14 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C..
7. Accordingly, this appeal is allowed and the impugned order dated 03.06.2025 rejecting the prayer for grant of anticipatory bail to the appellants is set aside. (Praveen Kumar, J) Pawan/- U T