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Patna High Court

Shrawan Mahto @ Shrawan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the appellant as his presence at the scene rendered him liable under the charges.

Summary

The appellant, Shrawan Mahto, was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, Section 27 of the Arms Act and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in connection with the death of the informant's cousin. He applied for anticipatory bail under Section 14‑A(2) of the SC/ST Act, claiming he was falsely implicated and that the FIR specifically alleged the firing was done by another accused, Arvind. The prosecution argued that, even if Mahto did not fire the weapon, his presence encouraged the offence. The Patna High Court, after hearing counsel, declined to grant anticipatory bail, holding that the appellant’s presence at the scene rendered him liable to the charges. Consequently, the prayer for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 14‑A(2) of the SC/ST Act.
  • Whether the appellant’s mere presence at the scene of the alleged firing makes him liable for the offence.
  • Whether the appellant was falsely implicated in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • scheduled caste
  • arms act
  • false implication
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1577 of 2026
                          Arising Out of PS. Case No.-8 Year-2026 Thana- BARH District- Patna
                 ======================================================
                 Shrawan Mahto @ Shrawan Kumar S/o- Rajo Mahto @ Rajeshwar Mahto
                 R/v- Jalgovind PS- Barh Dist- Patna
                                                                 ... ... Appellant/s
                                                    Versus
           1.     The State of Bihar
           2.     Raghuvir Paswan S/o- Genauri Paswan R/v- Jalgovind Ps- Barh Dist- Patna
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Kumar Kashyap, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Special P.P.
                                                  Ms. Kahkashan Alam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   01-07-2026                 1. Heard learned counsel for the appellant, Mr. Binay

                   Krishna, learned Special Public Prosecutor for the State and

                   learned counsel appearing on behalf of the informant.

                               2. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 17.03.2026 in A.B.P. No. 929 of 2026 passed by the

                   learned Exclusive Special Judge, SC/ST Act, Civil Court

                   (Sadar) Patna in connection with Barh P.S. Case No. 08 of 2026

                   registered under Sections 103(1) and 3(5) of the BNS, Section

                   27 of the Arms Act as well as Sections 3(1)(r)(s) and 3(2)(v) of

                   the SC/ST Act.
Patna High Court CR. APP (SJ) No.1577 of 2026(3) dt.01-07-2026
                                             2/3




                       3. Learned counsel appearing on behalf of the

          appellant submits that appellant has antecedent of one case but

          then was acquitted and wrongly in the order impugned it has

          been recorded that appellant has antecedent of three cases. It is

          further submitted that informant alleges that on 03.01.2026,

          accused persons including the appellant came to his house and

          pressurized his cousin, namely, Sidheshwar to compromise Barh

          P.S. Case No. 720 of 2025 and on objection, it is alleged that

          Arvind shot the cousin of the informant thrice causing his death

          and the accused fled away.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is further alleged that from perusal of the

          allegation as alleged in the FIR, it would manifest that specific

          allegation of firing is against Arvind.

                       5. Learned Special Public Prosecutor for the State and

          learned counsel appearing on behalf of the informant opposed

          the prayer for anticipatory bail of the appellant and submit that

          appellant may not be the assailant of the deceased but then his

          presence at the place of occurrence emboldened Arvind to

          commit the occurrence of firing causing death of Sidheshwar.

                       6. Considering the submissions made by the learned
           Patna High Court CR. APP (SJ) No.1577 of 2026(3) dt.01-07-2026
                                                        3/3




                     Special Public Prosecutor for the State and learned counsel

                     appearing on behalf of the informant, the Court is not inclined to

                     extend the privilege of anticipatory bail to the appellant in

                     connection with the aforesaid case.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                            (Satyavrat Verma, J)

Kundan/-

U     T


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