Patna High Court
Ganga Mahto @ Ganga Sagar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the general and omnibus nature of the accusations, coupled with the appellants' clean antecedents, warranted the grant of bail, thereby setting aside the lower court’s denial of anticipatory bail.
Summary
The appellants – Ganga Mahto, Manoj Mahto and Nitish Kumar – appealed against an order dated 20‑06‑2024 that denied them anticipatory bail in a case involving alleged caste‑based assault and abuse under multiple IPC sections, the SC/ST (Prevention of Atrocities) Act and the POCSO Act. The prosecution alleged that the accused, including the appellants, had visited the informant’s house, used caste slurs and assaulted her, while specific misconduct with the informant’s daughter was attributed to other co‑accused. The appellants contended that the accusations against them were vague, omnibus, and based solely on their caste association with the other accused, and that no specific overt act was alleged against them. The Special Public Prosecutor opposed bail, citing the seriousness of the offences. The High Court, noting the general nature of the allegations, the clean antecedents of the appellants and the lack of specific evidence linking them to the offences, set aside the lower court’s order and granted bail to the appellants. Consequently, the appellants were directed to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the appellants despite the serious nature of the offences alleged.
- Whether the allegations under the SC/ST (Prevention of Atrocities) Act are sufficiently specific to sustain a charge against the appellants.
- Whether the provisions of the POCSO Act are applicable to the appellants in this case.
Legislation cited
- Indian Penal Code — s. 323, 324, 325, 341, 379, 448, 504, 506
- Protection of Children from Sexual Offences (POCSO) Act — s. 10
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(I)(X)
Subjects
- anticipatory bail
- SC/ST Act
- POCSO Act
- IPC offences
- caste based violence
- bail
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4012 of 2024
Arising Out of PS. Case No.-51 Year-2015 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Ganga Mahto @ Ganga Sagar Mahto S/O Rameshwar Mahto R/O Village-
Simari, P.S- Bakhtiyarpur, Distt.- Patna.
2. Manoj Mahto @ Manoj Mhto Ramani S/O Rameshwar Mahto R/O Village-
Simari, P.S- Bakhtiyarpur, Distt.- Patna.
3. Nitish Kumar S/O Ganga Mahto @ Ganga Sagar Mahto R/O Village-
Simari, P.S- Bakhtiyarpur, Distt.- Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rita Devi W/O Sajan Mochi R/O Village- Simari, P.S- Bakhtiyarpur, Distt.-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Alok Kumar Alok, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 16-04-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
3. This appeal has been filed for setting aside order
dated 20.06.2024 passed in a case registered for the offence
punishable under Sections 448, 323, 341, 324, 325, 379, 504
and 506 of the Indian Penal Code and Section 3(I)(X) of the
Patna High Court CR. APP (SJ) No.4012 of 2024(6) dt.16-04-2026
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Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act and later on, Section 10 of the P.O.C.S.O. Act
was added, whereby the prayer for anticipatory bail of these
appellants has been rejected.
4. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these appellants, came
at the house of informant, abused her with caste based slurs and
also assaulted her. It is further alleged that co-accused Ajay
Mahto and Dheera Mahto also misbehaved with daughter of
informant and her friend.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of misbehaving with daughter
of informant and her friend is against co-accused Dheeraj Mahto
and Ajay Mahto. Appellant Nos. 1 and 2 are full brothers and
Appellant No. 3 is son of Appellant No. 1 and they have falsely
been implicated in this case merely because they happen to be
member of the same caste of co-accused Dheeraj Mahto and
Ajay Mahto. Allegation of assault and abuse by caste name is
general and omnibus and no specific accusation of overt act has
been alleged against these appellants. It is further submitted that
Patna High Court CR. APP (SJ) No.4012 of 2024(6) dt.16-04-2026
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it is not the case of the prosecution that any member of public
was present at the place of occurrence and as such, no case
under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act is made out against these appellants. Appellants
claim clean antecedents.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellants.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellants, this appeal is allowed and the
impugned order dated 20.06.2024 passed by the learned VIth
Additional Sessions Judge-cum-Special Judge, (POCSO), Patna
in connection with A.B.P. No. 1734 of 2024 arising out of Spl.
(POCSO) Case No. 138 of 2024 (Bakhtiyarpur P.S. Case No. 51
of 2015) is hereby set aside with respect to these appellants
only.
8. Accordingly, let the appellants, named above, 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
learned VIth Additional Sessions Judge-cum-Special Judge,
Patna High Court CR. APP (SJ) No.4012 of 2024(6) dt.16-04-2026
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POCSO, Patna in connection with Bakhtiyarpur P.S. Case No.
51 of 2015.
(Prabhat Kumar Singh, J)
shashank/-
U T
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