Patna High Court
Yashodhar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
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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
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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
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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/-
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