Created by Fuzzy Cloud

Patna High Court

Rajendra MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order refusing anticipatory bail was set aside and the appellants were granted anticipatory bail.

Summary

The appellants, four men from Sisai village, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, robbery and vandalism against Neha Devi and her husband. They applied for anticipatory bail, which was denied by the Exclusive Special Judge on 23‑12‑2025. The appellants contended that they had clean antecedents, that the allegations were vague and that the incident could not have occurred as described on two consecutive days. The State opposed the bail, relying on the FIR and the seriousness of the offences. The Patna High Court, after considering the submissions, set aside the lower court’s order and granted anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, invoking its inherent powers under CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether the refusal of anticipatory bail under Section 14‑A(2) of the SC/ST Act was justified.
  • Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
  • Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail in a SC/ST Act case.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 14-A
  • Section 482
  • criminal procedure
  • false implication
  • assault
  • scheduled caste
  • scheduled tribe

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.409 of 2026
                          Arising Out of PS. Case No.-34 Year-2025 Thana- SC/ST District- Saran
                 ======================================================
           1.     Rajendra Mahto S/o Ramashray Mahto R/o vill - Sisai, P.S.- Sahajitpur,
                  Distt.- Saran at Chapra
           2.    Subham Kumar S/o Banshi Mahto R/o vill - Sisai, P.S.- Sahajitpur, Distt.-
                 Saran at Chapra
           3.    Shiv Charan Mahto S/o Narayan Mahto R/o vill - Sisai, P.S.- Sahajitpur,
                 Distt.- Saran at Chapra
           4.    Yogendra Mahto S/o Late Mishri Mahto R/o vill - Sisai, P.S.- Sahajitpur,
                 Distt.- Saran at Chapra

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Neha Devi W/o Tuntun Ram R/o vill - Sisai, P.S.- Sahajitpur, Distt.- Saran at
                 Chapra

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Vijay Kumar
                 For the Respondent/s     :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-07-2026                     1. Heard learned counsel for the appellants and

                   learned Special P.P. for the State, Mr. Binay Krishna.

                                   2. No one appears on behalf of the informant.

                                   3. This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for anticipatory bail vide

                   order dated 23.12.2025 in A.B.P. No. 4694 of 2025 passed by

                   the learned Exclusive Special Judge S.C./S.T. (POA) Act,
Patna High Court CR. APP (SJ) No.409 of 2026(3) dt.09-07-2026
                                             2/4




          Chapra, Saran in connection with SC/ST P.S. Case No. 34 of

          2025 registered for the offences punishable under Sections

          126(2), 115(2), 109, 324(2), 351(2), 352(2) and 3(5) of the BNS,

          2023 as Sections 3(1)(r)(s)(w) and 3(2)(va) of the SC/ST Act.

                           4. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and the informant

          alleges that on 23.09.2025 at 02:00 PM while she along with her

          husband were coming home when they were intercepted by

          Rajendra and Shiv Charan who snatched the key of the

          motorcycle and accused her husband of getting theft committed

          in their shop and asked him to get the stolen articles returned or

          consequences would follow, but they came home, further on

          24.09.2025 at 09:30 PM, Rajendra, Yogendra, Shiv Charan and

          Shubham came to her house and Rajendra assaulted her husband

          by rod causing injury on forehead, while all accused assaulted

          her and Shubham acted inappropriately and the accused persons

          vandalized her house.

                           5. Learned counsel for the appellants submits that

          appellants have been falsely implicated in the instant case by the

          informant. It is next submitted that it absolutely does not stand

          to reason that if the appellants had to assault or abuse the

          informant and her husband, in that event they could have done
Patna High Court CR. APP (SJ) No.409 of 2026(3) dt.09-07-2026
                                             3/4




          the same on 23.09.2025 itself when it is alleged that accused

          persons intercepted her and her husband, as such, there was no

          occasion for the appellants again to come to the house of the

          informant the next day i.e. on 24.09.2025 and to commit the

          occurrence. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that a dispute

          had arisen in between the side of the appellants and informant

          on the issue that informant’s husband had aided in theft of

          articles from the shop of the appellants. It is also submitted that

          allegation against the appellants are general and omnibus in

          nature and the entire occurrence took place inside the house of

          the informant, as such, was not in public view, but then it is

          fairly submitted that appellant no. 1, Rajendra, is alleged to have

          assaulted her husband by rod causing injury on forehead, but

          then the order impugned does not record the nature of injury.

                           6. Learned Special P.P. for the State opposes the

          appeal.

                           7. In view of the submissions made by the learned

          counsel for the appellants, the order dated 23.12.2025 in A.B.P.

          No. 4694 of 2025, is hereby set aside and the appellants

          above-named, in the event of their arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail
            Patna High Court CR. APP (SJ) No.409 of 2026(3) dt.09-07-2026
                                                         4/4




                      on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of the learned Trial Court where the case is pending/successor

                      court in connection with SC/ST P.S. Case No. 34 of 2025

                      subject to the conditions as laid down under Section 482 (2) of

                      the BNSS.

                                       8. Accordingly, the appeal stands allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

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.