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Patna High Court

Mohan MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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