Created by Fuzzy Cloud

Patna High Court

Sitaram MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted as a prima facie case under the SC/ST Act was made out.

Summary

The appellant, Sitaram Mahto, was charged under the SC/ST (Prevention of Atrocities) Act and several IPC sections for allegedly assaulting a child and using caste-based slurs. He sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, arguing that he has a clean record, the FIR was filed five days after the incident, and he cooperated with the investigation. The State opposed, contending that a prima facie case exists, the assault was serious, and the appellant was aware of the FIR and notice under Section 41A CrPC. The High Court examined whether the circumstances warranted the grant of anticipatory bail. Finding that the allegations amounted to a prima facie offence under the SC/ST Act, the Court declined to extend anticipatory bail and dismissed the appeal.

Issues considered

  • Whether anticipatory bail can be granted under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act when a prima facie case is established.
  • Whether the delay in filing the FIR and the appellant’s cooperation with the investigation affect the grant of anticipatory bail.
  • Whether the nature of the alleged caste‑based assault justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • prima facie case
  • Criminal Procedure Code
  • Indian Penal Code offences
  • false implication

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.410 of 2026
                        Arising Out of PS. Case No.-73 Year-2017 Thana- SC/ST District- Sitamarhi
                 ======================================================
                 Sitaram Mahto S/O Anutha Mahto R/O Vill and P.O.- Sahbajpur, P.S.- Riga,
                 Dist.- Sitamarhi

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Lalpari Devi W/O Paltan Ram R/O Vill and P.O.- Sahbajpur, P.S.- Riga,
                 Dist.- Sitamarhi

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

3   22-04-2026              1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State, Sri Binay Krishna.

                            2.     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 9-1-2026 in A.B.P. No. 79 of 2025 passed by the

                   learned District & Additional Sessions Judge-I, Sitamarhi in

                   connection with SC/ST P.S. Case No. 73 of 2017 registered for

                   the offences punishable under Sections 341, 323, 324, 504 of the

                   Indian Penal Code as well as Sections 3(1)(s) of the SC/ST Act.

                            3.     Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.410 of 2026(3) dt.22-04-2026
                                             2/3




          appellant is a person with clean antecedent and the informant

          alleges that on 20-8-2017 his son Kamlesh along with other

          children were fishing at 12 noon, when appellant came and

          started abusing the children, who fled, but his son was assaulted

          by Hasua causing injury on head, further the informant after

          admitting his son in the PHC came to the house of appellant to

          confront him when appellant abused by taking caste name.

                    4.     Learned counsel for the appellant submits that the

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that the date of occurrence is 20-

          8-2017 and the FIR came to be instituted on 25-8-2017, i.e.,

          after a delay of 5 days. It is further submitted that appellant was

          given notice under Section 41A of the Cr.P.C. and police never

          felt the need of arresting the appellant and appellant also

          cooperated in the investigation, but then charge-sheet came to

          be submitted in the year 2017, based on which cognizance came

          to be taken as such appellant apprehends arrest.

                    5.     Learned Spl. P.P. for the State opposes the prayer

          for anticipatory bail of the appellant and submits that there is a

          direct allegation against the appellant of assaulting the son of

          the informant by Hasua. It is next submitted that no doubt at

          para-9, it has been pleaded that the injuries suffered by the
              Patna High Court CR. APP (SJ) No.410 of 2026(3) dt.22-04-2026
                                                           3/3




                        injured have been opined to be simple in nature, but then

                        appellant is alleged to have assaulted and appellant was aware

                        that an FIR has been instituted against him, since he was given

                        notice under Section 41A of the Cr.P.C and he cooperated in the

                        investigation, but after charge-sheet came to be submitted in the

                        Year 2017, the appellant slept. It is thus submitted that a person

                        who sleeps over his right is not entitled for relief from the

                        Court. It is also submitted that since charge-sheet has been

                        submitted and cognizance has been taken as such a prima facie

                        offence is made out.

                                  6.     Considering the submission made by learned

                        Spl.PP, the Court is not inclined to extend the privilege of

                        anticipatory bail to the appellant.

                                  7.     Accordingly, the appeal is dismissed.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

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