Patna High Court
Mohan MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the lower court’s order denying bail is set aside and the appellant is released on bail.
Summary
Mohan Mahto was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act for allegedly assaulting the brother‑in‑law of an informant and using caste‑based slurs. The trial court denied his bail application. On appeal, the appellant argued that he was falsely implicated, that the charge‑sheet contained only general allegations against him, and that he did not utter any caste name in public, thus no offence under the SC/ST Act. The State and the second respondent opposed bail, citing the seriousness of the offences. The Patna High Court, noting the appellant’s lack of prior record, the prolonged custody since 11‑11‑2025, and the fact that co‑accused had been granted bail, set aside the lower court’s order and allowed the appeal, directing that bail be granted on furnishing a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the charge‑sheet contains specific allegations against the appellant sufficient to sustain a denial of bail.
- Whether the appellant’s alleged conduct amounts to an offence under the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- SC/ST Act
- caste based violence
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- caste slur
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.198 of 2026
Arising Out of PS. Case No.-161 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Mohan Mahto S/o- Ram Kumar Mahto @ Raj Kumar Mahto R/v- Sowa Ps-
Krishna Brahm Dist- Buxar
... ... Appellant/s
Versus
1. The State of Bihar
2. Nidhi Devi W/o- Shyam Narayan Paswan R/v- Sowa Ps- Krishna Brahm
Dist- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
For the Res. No. 2 : Mr. Arun Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 12-03-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, learned counsel for the
Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 18.12.2025 passed by learned 1 st
Additional Sessions Judge-cum-Special Judge under SC/ST
(POA) Act, Buxar whereby the prayer for bail of the appellant in
connection with Krishna Brahm P.S. Case No. 161 of 2025
under Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of
the Bharatiya Nyaya Sanhita, 2023, read with Sections 3(1)(r)(s)
and 3(2)(va) of SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.198 of 2026(5) dt.12-03-2026
2/3
3. Prosecution case, in short, is that the appellant
along with co-accused persons brutally assaulted brother-in-law
of the informant and also abused him using caste based slurs.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant also submits that no specific
allegation has been attributed against the appellant rather the
same is general and omnibus in nature. Specific allegation of
assault is levelled against co-accused, namely, Niraj Kumar,
Rajan Kumar and Mithilesh Kumar. Learned counsel for the
appellant further submits that the appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against him. The
appellant has no intention to disgrace the image of the informant
in public view. The appellant is in custody since 11.11.2025 and
has got no criminal antecedent. Similar co-accused has been
granted bail by a co-ordinate Bench of this Court vide order
dated 24.02.2026 passed in Cr. Appeal (S.J.) No. 137 of 2026.
5. Learned Special P.P. for the State and learned
counsel for the Respondent No. 2 have vehemently opposed the
prayer for grant of bail to the appellant.
Patna High Court CR. APP (SJ) No.198 of 2026(5) dt.12-03-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 18.12.2025
passed by learned 1st Additional Sessions Judge-cum-Special
Judge under SC/ST (POA) Act, Buxar is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Krishna Brahm P.S.
Case No. 161 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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