Patna High Court
Moti MahtoversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to appellant No. 1 subject to bond and sureties.
Summary
The appellants Moti Mahto and Shivpujan Mahto filed an anticipatory bail appeal against a Special Judge's order rejecting bail under the SC/ST Act in a case involving alleged casteist abuse, assault, and theft. Appellant No. 2 withdrew his part of the appeal after being arrested, and the court granted that withdrawal. The court examined the three‑day delay in filing the FIR, the lack of specific allegations against appellant No. 1, and his clean antecedent, concluding that the prosecution's case was weak. Considering these factors, the court ordered that appellant No. 1 be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the Special Judge's satisfaction. The impugned order rejecting bail was set aside for appellant No. 1, and the appeal was disposed.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the present facts.
- Whether the three‑day delay in lodging the FIR defeats the prosecution's case under the SC/ST Act.
- Whether the allegations in the FIR constitute a cognizable offence warranting denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 504/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- FIR delay
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3489 of 2024
Arising Out of PS. Case No.-110 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Moti Mahto Son of Late Triveni Mahto R/O Vill.- Thikha Bhawanipur, P.s.-
Sangrampur, Dist.- East Champaran.
2. Shivpujan Mahto Son of Late Triveni Mahto R/O Vill.- Thikha Bhawanipur,
P.s.- Sangrampur, Dist.- East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Pawan Baitha Son of Mohan Baitha R/O Vill.- Kishunpur, P.s.- Piprakothi,
Dist.- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Mr. Hemant Ray, Advocates
For the Respondent/s : Mr. Binay Krishna, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 15-01-2026 At the outset, learned counsel for the appellants
seeks permission to withdraw this anticipatory bail appeal with
regard to appellant no. 2 as he has already been arrested during
pendency of the case.
2. Permission is granted.
3. This anticipatory bail appeal with regard to
appellant no. 2 is, accordingly, dismissed as withdrawn.
4. Despite valid service of notice, none appears on
behalf of the respondent no. 2.
5. Heard learned counsel for the appellants and the
State.
Patna High Court CR. APP (SJ) No.3489 of 2024(4) dt.15-01-2026
2/3
6. This appeal has been filed against the order dated
03.07.2024 passed by learned Special Judge, SC/ST Act, East
Champaran, Motihari in ABP No. 2475 of 2024 arising out of
Sangrampur P.S. Case No. 110 of 2024 registered under
Sections 341, 323, 504/34 of the Indian Penal Code and Section
3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, whereby the prayer for anticipatory bail of
appellant no. 1 has been rejected.
7. As per F.I.R., on 29.4.24 at about 7 PM, this
appellant along with other named accused persons verbally
abused informant using casteist slur, assaulted him and snatched
gold chain from his neck.
8. Learned counsel for the appellant submits that both
parties are co-villagers and due to petty dispute, this false and
concocted case has been lodged. F.I.R. has been lodged after
inordinate delay of three days without any explanation, which
itself raises doubt over veracity of the prosecution case.
Allegation against appellant is general and omnibus and there is
no specific accusation of any overt act against him. It is not the
case of informant that alleged incident occurred within public
view and as such, no case under SC/ST Act is made out against
the appellant. Appellant claims clean antecedent.
Patna High Court CR. APP (SJ) No.3489 of 2024(4) dt.15-01-2026
3/3
9. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
10. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedent, let the appellant no. 1,
as named above, in the event of his arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, SC/ST Act, East Champaran, Motihari in ABP
No. 2475 of 2024 arising out of Sangrampur P.S. Case No. 110
of 2024.
11. Accordingly, this criminal appeal is allowed and
impugned order dated 03.07.2024 is set aside with respect to
appellant no. 1 only.
12. This appeal is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
Navya/-
U T
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