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Patna High Court

Ramu Mahto @ Ramashish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court set aside the order refusing anticipatory bail and granted anticipatory bail to the appellants.

Summary

The appellants, Ramu Mahto and Bhundul Mahto, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and several sections of the Indian Penal Code for alleged caste-based assault on 16‑03‑2025. They contended that the FIR was filed five days after the incident, that the allegations were vague and omnibus, and that they were falsely implicated. The Special Judge had refused anticipatory bail under Section 14‑A(2) of the SC/ST Act. On appeal, the Patna High Court examined whether the allegations were sufficiently specific to deny bail and considered the delay in FIR registration. Finding the accusations general and the delay prejudicial to the accused, the Court set aside the refusal and granted anticipatory bail subject to bail bonds and sureties, invoking Section 482(2) of the CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST Act in the present case.
  • Whether the allegations against the appellants are specific enough to justify denial of anticipatory bail.
  • Whether the delay in filing the FIR affects the propriety of the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • general allegations
  • FIR delay
  • Section 14-A
  • Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2937 of 2025
                          Arising Out of PS. Case No.-19 Year-2025 Thana- SC/ST District- Gaya
                 ======================================================
           1.     Ramu Mahto @ Ramashish Kumar son of Rajendra Mahto village-
                  Bhusunda, Ps- Muffasil, Dist- Gaya
           2.    Bhundul Mahto @ Devashish Mahto Son of Rajendra mahto village-
                 Bhusunda, Ps- Muffasil, Dist- Gaya

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Jira Devi wife of Rajesh Choudhary village- Bhusunda, Ps- Muffasil, Dist-
                 Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Mrigendra Kumar
                 For the Respondent/s    :        Ms.Usha Kumari 1,Spl. PP
                                                  Mr. Vikram Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   04-05-2026              1.     Heard learned counsel for the appellants, learned

                   Spl. P.P. for the State, Ms. Usha Kumari No. 1 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 20-6-2025 in A.B.P. No. 160 of 2025 passed by the

                   learned Exclusive Special Judge S.C./S.T. (POA) Act, SC/ST in

                   connection with SC/ST P.S. Case No. 19 of 2025 registered for

                   the offences punishable under Sections 190, 191(2), 126(2),
Patna High Court CR. APP (SJ) No.2937 of 2025(3) dt.04-05-2026
                                             2/3




          115(2), 303(2), 351(2), and 352 of the BNS as well as Sections

          3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act.

                    3.    Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that on 16-3-2025 at 7:30 pm, 7 named accused persons

          including the appellants came and abused by taking caste name

          and Bhushan along with Tenni assaulted his son Suraj by rod

          causing injury, further accused persons pelted stones causing

          injury on his nose, it is next alleged that informant had gone to

          Muffasil PS for instituting an FIR, but then the same was not

          registered hence the FIR was instituted at SC/ST PS.

                    4.    Learned counsel for the appellants submits that the

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that the date of occurrence is 16-

          3-2025 and the FIR came to be instituted on 22-3-2025. It is

          further submitted that if Muffasil PS did not institute an FIR

          nothing prevented the informant from approaching the SC/ST

          PS promptly or within a reasonable time, but then the FIR came

          to be instituted after five days which also casts an aspersion on

          the case of the prosecution. It is also submitted that allegation of

          abuse is general and omnibus in nature and no specific

          allegation of assault is alleged against the appellants.
              Patna High Court CR. APP (SJ) No.2937 of 2025(3) dt.04-05-2026
                                                           3/3




                                  5.    Learned Spl. P.P. for the State and learned counsel

                        appearing on behalf of the informant opposes the prayer for

                        anticipatory bail of the appellants, but then are not in a position

                        to rebut the submission of the learned counsel appearing on

                        behalf of the appellants that allegations against the appellants

                        are general and omnibus in nature.

                                  6.    Considering the aforesaid facts, let the appellants

                        above-named, in the event of their arrest or surrender within a

                        period of six weeks from today, be released on anticipatory bail

                        on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of the learned trial court where the case is pending/successor

                        court in connection with the aforesaid case, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                  7.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed with respect to the appellants.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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