Created by Fuzzy Cloud

Patna High Court

Sandip MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court set aside the order refusing anticipatory bail and granted anticipatory bail to Sandip Mahto, Lavkush Mahto and Kokil Mahto, subject to conditions, while refusing bail to Mantu Mahto.

Summary

The appellants, four members of the Mahto family, were charged under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act for alleged assault, caste-based abuse and theft of Rs.2,700. The informant claimed that Mantu Mahto assaulted him and that Sri Bhagwan Mahto spat on him and used a caste slur, while Sandip Mahto was accused of taking money. The trial court denied anticipatory bail to all accused. On appeal, the High Court observed that the specific allegations of caste abuse and assault were directed only at Mantu Mahto and Sri Bhagwan Mahto, who were not before the court, and that no case was made against Sandip, Lavkush and Kokil Mahto. Consequently, the court set aside the lower court’s order and granted anticipatory bail to Sandip, Lavkush and Kokil Mahto subject to detailed conditions, while maintaining the denial of bail for Mantu Mahto.

Issues considered

  • The appropriateness of denying anticipatory bail to the appellants in light of the specific allegations against only some co‑accused.
  • Whether the lower court erred in treating the allegations against Sandip, Lavkush and Kokil Mahto as sufficient grounds to refuse bail.

Legislation cited

Subjects

  • anticipatory bail
  • caste abuse
  • SC/ST Act
  • assault
  • theft
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3481 of 2025
                      Arising Out of PS. Case No.-23 Year-2025 Thana- Maghopur District- Gopalganj
                 ======================================================
           1.     Sandip Mahto S/o Ramashankar Mahto R/o Village- Belsand, P.S-
                  Madhopur, District- Gopalganj
           2.    Mantu Mahto S/o Sri Kokil Mahto R/o Village- Belsand, P.S- Madhopur,
                 District- Gopalganj
           3.    Lavkush Mahto S/o Sri Bhagwan Mahto R/o Village- Belsand, P.S-
                 Madhopur, District- Gopalganj
           4.    Kokil Mahto@Rajkokil Mahto S/o Late Raghunath Mahto R/o Village-
                 Belsand, P.S- Madhopur, District- Gopalganj

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Om Prakash Kumar S/o Pradosh Manjhi R/o vill - Belsand, P.S.- Madhopur,
                 Distt.- Gopalganj

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Sachina, Advocate
                 For the State            :       Mrs. Usha Kumari 1, Spl. PP
                 For the Informant        :       Mr. Dhananjay Kumar Tiwary, Advocate
                                          :       Mr. Mritunjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   23-02-2026                         Heard Mr. Sachina, learned counsel for the

                   appellants and Mr. Mritunjay Kumar, learned counsel for the

                   informant beside learned Spl. PP representing the State.

                                2. This appeal has been filed for setting aside the

                   order dated 03.07.2025 passed by the learned Additional

                   Sessions Judge-11-cum Special Judge, SC/ST Act, Gopalganj in

                   connection with Madhopur P.S. Case No. 23 of 2025 registered

                   for the offence punishable under sections 351(2), 352, 126(2),
Patna High Court CR. APP (SJ) No.3481 of 2025(4) dt.23-02-2026
                                             2/5




          115(2), 303(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita and

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

          whereby the prayer for anticipatory bail of the appellants have

          been rejected.

                       3. As per the prosecution story, the informant alleged

          that while he was going to the market and reached near the

          house of Kokil Mahto, the named accused persons came armed

          variously and started assaulting. In the process, the allegation is

          that Mantu Mahto assaulted the informant on the head causing

          injury while Sri Bhagwan Mahto not only spitted on him, also

          took caste name. Against appellant no.1, Sandip Mahto, the

          allegation is of taking away Rs.2,700/-. He was taken to the

          Primary Health Centre, Barauli which followed the F.I.R..

                       4. Learned counsel for the appellants submit that a

          perusal of the F.I.R. would show that no allegation is against

          appellant no.3 and 4 while though allegation of assault is on

          Mantu Mahto, it has been found to be simple in nature.

                       5. Learned counsel for the informant on the other

          hand opposes the prayer submitting that there is specific

          allegation is against Mantu Mahto and Sri Bhagwan Mahto

          though allegation of taking away of amount is also on Sandip

          Mahto.
Patna High Court CR. APP (SJ) No.3481 of 2025(4) dt.23-02-2026
                                             3/5




                       6. Considering the submissions of the parties as also

          the materials on record and fact that the specific allegation of

          caste abuse has been attributed to Sri Bhagwan Mahto and he is

          not before this Court, allegation of assault is on Mantu Mahto,

          appellant no.2, his prayer for anticipatory bail stands rejected.

                       7. So far as the appellant nos. 1, 3 and 4 namely

          Sandip Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil

          Mahto respectively are concerned, taking into account the

          aforesaid facts as also the allegation of caste abuse and/or

          assault theory is not on them and it is submitted that the

          cognizance has not been taken in the matter, some of the co-

          accused namely Saroj Mahto and Hira Mahto have been

          extended relief in Cr. Appeal (SJ) No. 3442 of 2025, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail.

                       8. The impugned order dated 03.07.2025 passed by

          the learned Additional Sessions Judge-11-cum Special Judge,

          SC/ST Act, Gopalganj in connection with Madhopur P.S. Case

          No. 23 of 2025 stands set aside and the appeal is allowed in

          respect of appellant nos. 1, 3 and 4 namely Sandip Mahto,

          Lavkush Mahto and Kokil Mahto @Rajkokil Mahto.

                       9. Let the appellant nos. 1, 3 and 4 namely Sandip
Patna High Court CR. APP (SJ) No.3481 of 2025(4) dt.23-02-2026
                                             4/5




          Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil Mahto, in

          the event of arrest/surrender within a period of eight weeks from

          the date of receipt/production of a copy of this order, be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Additional Sessions Judge-11-cum

          Special Judge, SC/ST Act, Gopalganj in connection with

          Madhopur P.S. Case No. 23 of 2025.

                       (i) one of the bailor should be the family

          member/relative of the appellant nos. 1, 3 and 4 namely Sandip

          Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil Mahto

          who shall provide official document (Aadhar Card/Voter

          Id/Driving License/Pan Card) to show his/her bona fide;

                       (ii) the appellant no. 1, 3 and 4 namely Sandip Mahto,

          Lavkush Mahto and Kokil Mahto @Rajkokil Mahto shall be

          appearing before the Police Station as and when required for

          cooperating in the investigation;

                       (iii) the appellant no. 1, 3 and 4 namely Sandip

          Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil Mahto

          shall appear on each and every date before the Trial Court and

          failure to do so for two consecutive dates without plausible

          reason will entail cancellation of his/her bail bond by the Trial
            Patna High Court CR. APP (SJ) No.3481 of 2025(4) dt.23-02-2026
                                                         5/5




                      Court itself;

                                   (iv) the appellant no. 1, 3 and 4 namely Sandip

                      Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil Mahto

                      shall appear before the concerned police station every month for

                      next six months to mark his attendance and at the end of the

                      period a certificate be submitted before the Trial Court failing

                      which the State shall be at liberty to take steps for cancellation

                      of bail bonds;

                                   (v) the appellant no. 1, 3 and 4 namely Sandip Mahto,

                      Lavkush Mahto and Kokil Mahto @Rajkokil Mahto shall in no

                      way try to induce or promise or threat the witnesses or tamper

                      with the evidences, failing which the State shall be at liberty to

                      take steps for cancellation of the bail bonds;

                                   (vi) the appellant no. 1, 3 and 4 namely Sandip

                      Mahto, Lavkush Mahto and Kokil Mahto @Rajkokil Mahto

                      shall desist from committing any criminal offence again, failing

                      which the State shall be at liberty to take steps for cancellation

                      of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.