Patna High Court
Amarnath Mahto @ Amarnath SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the appellant is entitled to bail because the prosecution’s case is not substantiated by medical evidence and the appellant has a clean antecedent, subject to strict conditions.
Summary
The appellant, Amarnath Mahto, appealed against the refusal of regular bail in a case alleging rape under Section 64(i) of the Bihar Navikaran Act, 2023 and Sections 3(i)(r)(s)(w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution’s case relied on the victim’s statement under Section 183 of the Bihar Navikaran Special Act, 2023, but the medical report did not corroborate the allegation. The appellant argued that he has a clean antecedent and that the FIR is fabricated. The court examined the lack of medical evidence, the appellant’s clean record, and the statutory provisions governing bail under Section 14(A)(2) of the SC/ST Act. Finding the prosecution’s case weak and the appellant’s antecedents clean, the court set aside the lower court’s order, granted bail on a Rs 10,000 bond with two sureties, and imposed conditions for cooperation, non‑tampering, and verification of antecedents. The appeal was allowed.
Issues considered
- Whether bail should be granted under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act in a rape allegation lacking medical corroboration.
- Whether the appellant’s clean antecedent and alleged fabrication of the FIR justify bail.
- Whether the victim’s statement under Section 183 of the Bihar Navikaran Special Act, 2023, is sufficient in the absence of supporting medical evidence.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(2), 3(2)(v), 3(i)(r)(s)(w)
Subjects
- bail
- Section 14(A)(2)
- SC/ST (Prevention of Atrocities) Act
- rape allegation
- medical evidence
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3322 of 2025
Arising Out of PS. Case No.-123 Year-2025 Thana- SAHAR District- Bhojpur
======================================================
Amarnath Mahto @ Amarnath Singh Son of Udit Mahto Resident of Village-
Inurkhi PS -Sahar, Dist- Bhojpur ... ... Appellant/s
Versus
1. The State of Bihar
2. Rinku Devi Wife of Vidio Paswan Resident of Village- Inurkhi PS -Sahar,
Dist- Bhojpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Braj Kishore Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Resp. No. 2 : Mr. Abhinay Priyadarshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 01-04-2026 Heard Mr. Braj Kishore Singh, learned counsel for
the appellant, Mr. Abhinay Priyadarshi, learned counsel
appearing on behalf of the Respondent No. 2 as well as Mrs.
Usha Kumari 1, learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 31.07.2025
passed by the learned Court of Additional District & Sessions
Judge-I-cum-Special Judge, (SC/ST), Bhojpur at Ara in
connection with Sahar P.S. Case No. 123 of 2025, F.I.R. dated
19.06.2025 registered under Section 64(i) of the BNS, 2023 and
Sections 3(i)(r)(s)(w) and 3(2)(v) of the Scheduled Castes and
Scheduled Tribes Act (Prevention of Atrocities) Act.
3. According to the prosecution case, this petitioner
has committed rape upon the respondent no. 2.
Patna High Court CR. APP (SJ) No.3322 of 2025(7) dt.01-04-2026
2/3
4. Learned counsel for the appellant submits that
appellant has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellant has not committed any offences as alleged in the F.I.R.
Although the victim has supported the case of the prosecution in
her statement recorded under Section 183 of the BNSS, 2023
but the medical report of the victim does not support the case of
the prosecution. He further submits that the police, after
investigation, submitted charge sheet against the appellant. The
appellant is in custody since 20.06.2025.
5. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant.
6. Considering the aforesaid facts and circumstances
of the case that the appellant has clean antecedent and the
allegation as alleged does not supported by the medical report,
let the appellant, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Court of
Additional District & Sessions Judge-I-cum-Special Judge,
Patna High Court CR. APP (SJ) No.3322 of 2025(7) dt.01-04-2026
3/3
SC/ST (POA) Act, Bhojpur at Ara in connection with Sahar P.S.
Case No. 123 of 2025, with other following conditions:-
i. Appellant shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellant and in case at
any stage it is found that the appellant have concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellant. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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