Patna High Court
SHIKARI MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and anticipatory bail is granted to the appellant subject to bail conditions.
Summary
Shikari Mahto appealed to the Patna High Court against the refusal of anticipatory bail in a case registered under multiple offences, including sections of the Bihar Penal Code, the Arms Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant claimed he was falsely implicated and that the charges against him were vague and omnibus, lacking any specific allegation of an overt act. The State opposed the appeal, seeking to maintain the lower court's denial of bail. The High Court, after considering the submissions, set aside the order of the Additional District and Sessions Judge and granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Code. Consequently, the appeal was allowed, and the appellant was released on anticipatory bail.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the SC/ST Act and related provisions.
- Whether the allegations against the appellant constitute a specific charge sufficient to deny anticipatory bail.
- Whether Section 482(2) of the Code empowers the High Court to set aside the lower court's refusal of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Penal Code (BNS) — s. 109, 115(2), 126(2), 191(2), 329(3), 351(2), 351(3), 352
- Code of Criminal Procedure (CrPC) — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- omnibus allegation
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.236 of 2026
Arising Out of PS. Case No.-147 Year-2024 Thana- Banma Itahari District- Saharsa
======================================================
Shikari Mahto Son Of Late Garib Mahto Resident Of Village - Harrahi, P.S.-
Banma Itahri, District - Saharsa.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sulo Sada Chandradeo Sada Resident of Village- Harahari, P.S.- Banma
Itahri, District- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Rashmi Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 08-05-2026 Heard learned counsel for the appellant and learned
Spl. P.P. for the State.
2. This is an appeal which has been filed under 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 23.09.2025 passed by the learned Additional District
and Sessions Judge-I-cum-Special Judge SC/ST Act, Saharsa in
connection with Banma Itahri P.S. Case No. 147 of 2024
registered for the offences punishable under Sections 126(2),
115(2), 109, 329(3), 191(2), 352, 351(2) (3) of BNS, Section 27
of the Arms Act and Sections 3(i)(r) (s) of SC/ST Act.
Patna High Court CR. APP (SJ) No.236 of 2026(4) dt.08-05-2026
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3. The case of the respondent is that the appellant
along with others has planned to commit some offence and
Raushan Yadav has put a stole around the neck of the
respondent. Sunil and Kameshwar have assaulted him with a
butt of the rifle.
4. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case.
Learned counsel has submitted that this appellant is though
arrayed as accused persons but there is no any specific
allegation of any overt act against him rather general and
omnibus allegation has been attributed against him.
5. Learned Spl. P.P. for the State has vehemently
opposed the appeal.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 23.09.2025 passed by
the learned Additional District and Sessions Judge-I-cum-
Special Judge, SC/ST Act, Saharsa in connection with Banma
Itahri P.S. Case No. 147 of 2024 is hereby set aside and the
appellant above-named, in the event of his arrest or surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. APP (SJ) No.236 of 2026(4) dt.08-05-2026
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of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Banma Itarhi P.S. Case No. 147 of 2024 ,subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
Shubham/-
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