Patna High Court
Rambriksha MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The High Court held that bail should be granted to the appellant, setting aside the lower court’s denial of bail.
Summary
The appellant, Rambriksha Mahto, was charged under multiple sections of the Bihar Non‑Applicable Statutes (BNS) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant and his family while denigrating their caste. The prosecution’s case relied primarily on the confessional statement of a co‑accused, whereas the defence argued that the appellant had no intention to disgrace the informant and that no caste‑based insult was made in public. The appellant had been in custody since August 9, 2025 and had no prior criminal record, while a co‑accused had already been granted bail. The Special Public Prosecutor and the informant opposed bail, but the High Court considered the lack of direct evidence and the appellant’s custodial period. Consequently, the Court allowed the appeal, set aside the lower court’s order, and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges under the SC/ST Act and related sections of the BNS.
- Whether the confessional statement of a co‑accused suffices to sustain the bail denial.
- Whether the appellant’s alleged conduct constitutes an offence under the SC/ST Act.
Legislation cited
Subjects
- bail
- SC/ST Act
- caste based offence
- criminal procedure
- appeal
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3757 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- SC/ST District- Madhubani
======================================================
Rambriksha Mahto, son of Ayodhi Mahto, Resident of village – Izra, Post-
Izra. P.S. Rahika, District – Madhubani, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar,
2. Sunil Paswan, son of Ganesh Paswan, Resident of Village – Izra, Ward No.
07, P.S. Rahika, District – Madhubani, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sanjay Kumar Jha, Advocate
For the Respondent/s : Ms.Usha Kumari 1, S.P.P.
Ms. Minakshi Kumari, Advocate
Mr. Munish Kumar, Advocate
Mr. Munna Ray, Advocate
Mr.Shitanshu Shekhar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, learned counsel for the
informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 26.08.2025 passed by learned court of
Addl. Sessions Judge-1-cum- Special Judge (SC/ST),
Madhubani, whereby the prayer for bail of the appellants in
connection with Madhubani SC&ST P.S. Case No. 34 of 2025,
under Sections 191(2), 191(3), 126, 115(2)117, 76, 318(4), 109,
316(5), 324(4), 352, 351(2) of the BNS and u/s 3(1)(r), 3(1)(w)
(i), 3(2)(va) of SC/ST Act, was rejected.
Patna High Court CR. APP (SJ) No.3757 of 2025(4) dt.29-01-2026
2/3
3. Prosecution case, in short, is that the Appellant
along with other co-accused named in the F.I.R. assaulted the
informant and his family denoting his caste name.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. The
name of the appellant has transpired on the basis of confessional
statement of co-accused. Learned counsel for the appellant
further submits that the appellant has not taken the caste name
of the informant in public view. Hence, no offence under the
provisions of SC/ST Act is made out against him/her. The
appellant has no intention to disgrace the image of the informant
in public view. Learned counsel for the appellant further submits
that other co-accused has been granted bail by this Bench vide
order dated 20.11.2025 passed in Cr. Appeal (SJ) No. 3915 of
2025. The appellant is in custody since 09.08.2025 and has no
criminal antecedents.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
Patna High Court CR. APP (SJ) No.3757 of 2025(4) dt.29-01-2026
3/3
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 26.08.2025
passed by learned court of Addl. Sessions Judge-1-cum- Special
Judge (SC/ST), Madhubani, in connection with Madhubani
SC&ST P.S. Case No. 34 of 2025, is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Madhubani SC&ST
P.S. Case No. 34 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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