Created by Fuzzy Cloud

Patna High Court

Yashodhar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellants are directed to be released on bail subject to conditions.

Summary

The appellants, Yashodhar Mahto and Ramakant Mahto, appealed against the order of the Exclusive Special Judge, Darbhanga, which rejected their anticipatory bail application under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They were accused of entering the house of informant Sita Devi, a member of a scheduled caste, insulting her caste, damaging utensils and allegedly committing an offence under the SC/ST Act. The appellants contended that the case was fabricated as a retaliation for a kidnapping case against the informant’s family, that no offence under the SC/ST Act was made out, and that the alleged incident occurred inside a private residence, not in public view. The Special Public Prosecutor argued that a prima facie case existed, making the anticipatory bail petition untenable. The Patna High Court held that no prima facie offence under the SC/ST Act was established, set aside the lower court’s order, and directed that the appellants be released on bail with specified conditions, including bail bonds of Rs.10,000 and compliance with Section 482(2) of the CrPC.

Issues considered

  • Whether the allegations constitute a prima facie offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  • Whether anticipatory bail is maintainable when the alleged offence is not made out under the SC/ST Act.
  • Whether the occurrence of the alleged act inside a private dwelling negates the requirement of a public view for an offence under the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based harassment
  • false case
  • prima facie case
  • bail conditions
  • public view requirement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3609 of 2025
                        Arising Out of PS. Case No.-27 Year-2025 Thana- SC/ST District- Darbhanga
                 ======================================================
           1.     Yashodhar Mahto Son of Laxmi Mahto R/o Ward no. 06, Narha, P.S. -
                  Narha, P.O. - Sajhwar, Dist. - Darbhanga, Bihar, 847201.
           2.    Ramakant Mahto Son of Laxman Mahto R/o Gram - Narha, P.S. - Bahera,
                 P.O. - Sajhwar, Dist. - Darbhanga, Bihar, 847201.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sita Devi Wife of Late Mangal Paswan R/o Village - Sazhuar, Ward no. -07,
                 Post - Sazhuwar, P.S. - Bahera, Block - Benipur, Panchayat - Sazuhuwar,
                 Dist. - Darbhanga, Bihar, Pin -847201

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Anurag Saurav, Advocate
                                                   Miss. Sharda Raje Singh, Advocate
                                                   Mr. Ankesh Bibhu, Advocate
                 For the State            :        Mr. Sadanand Paswan, Spl. P.P.
                 For the Informant        :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   23-02-2026                  Heard Ld. counsel for the appellants and Ld. Special

                   Public Prosecutor for the State.

                                2.     Despite      notice       served      upon       Respondent

                   No.2/Informant, nobody is present on behalf of the Respondent

                   No.2/Informant.

                                3. The present appeal has been preferred by the

                   appellants under Section 14(A)(2) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989 against

                   the order dated 01.08.2025, passed by learned Exclusive Special

                   Judge, SC/ST Act, Darbhanga in A.B.P. No. 11 of 2025, arising
Patna High Court CR. APP (SJ) No.3609 of 2025(4) dt.23-02-2026
                                             2/4




          out of Darbhanga SC/ST P.S. Case No. 27 of 2025, whereby

          learned Court below has rejected the application of the

          Appellants for anticipatory bail.

                       4. As per allegation, the appellants along with other

          three co-accused came into the house of the informant lady

          belonging to Dushadh Caste and asked her how did her son dare

          to marry the daughter of their family. The informant was

          reminded that she belonged to low caste. They also damaged the

          utensils kept in the house and hurled dirty abuses.

                       5. Ld. counsel for the appellants submits that

          the appellants are innocent and have falsely been implicated in

          this case. She further submits that as a matter of fact, the

          daughter of co-accused/Pawan Das was kidnapped, hence, one

          F.I.R. has been lodged against the family members of the

          informant/Sita Devi and hence, this false case has been lodged

          with intent to harass the petitioners and other co-accused. She

          further submits that even as per the allegation, no where it is

          stated that the accused persons do not belong to SC/ST

          Community. She also points out that this is also not clear

          whether occurrence has taken place in the public view. The

          occurrence has taken place inside the house of the informant

          which cannot be said to have happened under public view.
Patna High Court CR. APP (SJ) No.3609 of 2025(4) dt.23-02-2026
                                             3/4




          Hence, even as per the allegation, no offence is made out under

          SC/ST Act and the case is false and fabricated against the

          accused persons including the petitioners.

                       6. It is also stated in paragraph no. 2 of the petition

          that the appellants have not moved earlier before this Court for

          grant of anticipatory bail. It has further been stated in paragraph

          no. 3 that the appellant No.1 has three criminal antecedents and

          appellant No.2 has two criminal antecedents.

                       7. However, ld. Special Public Prosecutor for the State

          submits that it is a prima facie case under SC/ST Act is made

          out and hence, anticipatory bail petition is not maintainable.

                       8. Considering the fact that this case has been filed as

          a counter blast to the kidnapping case lodged against the family

          members of the informant and there being no prima facie

          offence punishable under SC/ST Act is made out against the

          appellants, the present appeal is allowed, setting aside the

          impugned order dated 01.08.2025, passed by learned Exclusive

          Special Judge, SC/ST Act, Darbhanga in A.B.P. No. 11 of 2025,

          arising out of Darbhanga SC/ST P.S. Case No. 27 of 2025 and

          directing the appellants, above-named, to be enlarged on bail, in

          the event of their arrest or surrender before the court below

          within a period of eight weeks from the date of receipt /
           Patna High Court CR. APP (SJ) No.3609 of 2025(4) dt.23-02-2026
                                                        4/4




                     production of a copy of this order, on their furnishing bail bonds

                     in the sum of Rs. 10,000/- (Ten Thousand) each with two

                     sureties of the like amount each to the satisfaction of concerned

                     Court below, in connection with Darbhanga SC/ST P.S. Case

                     No. 27 of 2025, subject to the conditions as laid down under

                     Section 482 (2) B.N.S.S., 2023 and on the following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the appellants have any criminal antecedents other

                     than the disclosed one, learned court below shall cancel the bail

                     bonds of the appellants after hearing them and getting satisfied

                     that the appellants have concealed their criminal antecedents

                     despite their knowledge of the same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the appellants.

                                  9. The appeal stands allowed, accordingly.



                                                                     (Jitendra Kumar, J.)
ravishankar/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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