Patna High Court
Sachin Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court set aside the order rejecting anticipatory bail and granted anticipatory bail to the appellant with conditions.
Summary
The appellant, Sachin Kumar Mahto, appealed against the order of the Exclusive Special Judge that rejected his anticipatory bail application in a case under the SC/ST (Prevention of Atrocities) Act and several sections of the Bihar Negotiable Substances Act. The prosecution alleged that the appellant and others assaulted an informant who was searching for his missing sister, leading to an FIR. The court later learned that the alleged victim, a 20‑year‑old woman, had voluntarily married and was living happily, and that the informant’s family was harassing her, suggesting the FIR was filed maliciously. Considering the victim’s testimony and the possibility of misuse of the law, the High Court set aside the earlier order and granted anticipatory bail to the appellant subject to strict conditions. The appeal was allowed and the matter was directed to the police for further investigation.
Issues considered
- Whether anticipatory bail should be granted to the appellant under the SC/ST (Prevention of Atrocities) Act and the Bihar Negotiable Substances Act in view of the facts.
- Whether the FIR constitutes a false or malicious complaint.
- Whether the victim's voluntary marriage and statement negate the allegations made in the FIR.
Legislation cited
- Bihar Negotiable Substances Act — s. 115(2), 126(2), 127(2), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(v)(a)
Subjects
- anticipatory bail
- SC/ST Act
- false FIR
- victim testimony
- bail conditions
- misuse of law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4265 of 2025
Arising Out of PS. Case No.-1 Year-2025 Thana- SC/ST District- Samastipur
======================================================
Sachin Kumar Mahto S/O Late Babu Lal Mahto Resident of Village- Khaira
Dargah, P.S.- Rosera, Dist.- Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Abhishek Kumr S/O Binod Mahto Resident of Village- Govindpur Chowk
Ward no.5, P.S.- Rosera, Dist.- Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amritesh Kumar, Advocate
For the Respondent/s : Mr. Jitendra Kumar Singh, APP
For the Informant : Mrs. Rani Shashi Bharti, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-06-2026 Heard Mr. Amritesh Kumar, learned counsel for the
appellant, Mrs. Rani Shashi Bharti representing the informant and
Mr. Jitendra Kumar Singh, learned APP.
2. This appeal has been filed for setting aside the order
dated 11.08.2025 passed by learned Exclusive Special Judge,
SC/ST Act, Samastipur in connection with SC/ST Samastipur P.S.
Case No. 1 of 2025 registered for the offence punishable under
sections 126(2), 127(2), 115(2), 352, 351(2) and 3(5) of the BNS
and Sections 3 (1) (r) (s) and 3 (2) (v)(a) of the SC/ST Act
whereby the prayer for anticipatory bail of the appellant has been
rejected.
3. As per the prosecution story, the informant alleged
Patna High Court CR. APP (SJ) No.4265 of 2025(5) dt.17-06-2026
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that while he was taking a morning walk, saw five accused
persons including the petitioner alongwith other unknown
persons. He asked them where his sister has been taken
whereafter they abused, assaulted and threw him in a nearby
canal. The locals shifted him to the hospital which led to the FIR.
4. In this case, taking into account that the victim girl
was missing, this Court on 16.04.2026 directed the S.P,
Samastipur to constitute a team headed by Dy.S.P. for her
recovery, and thereafter, file affidavit.
5. Through Mr. Jitendra Kumar Singh an affidavit has
come duly signed by the Dy.S.P. The victim girl who is major (20
years of age) appeared before the learned Judicial Magistrate,
First Class, Samastipur and informed that she has solemnized
marriage with Naveen Kumar and the couple is blessed with a 1.5
month old child. Further, she is happy in her in-laws house and
the informant alongwith her family members are taking all steps
to harass them/her in-laws.
6. The narration of the victim clearly shows that she
being a major moved on her own and it is the case where the
filing of the FIR is being misused in the opinion of the Court.
7. Accordingly, this Court directs the S.P., Samastipur
to supervise the matter under the Dy.S.P. concerned till the
investigation concludes and matter is taken to its logical
Patna High Court CR. APP (SJ) No.4265 of 2025(5) dt.17-06-2026
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conclusion. If it is found, once the investigation is concluded, that
it was a false narration of the informant in the FIR, appropriate
steps be taken in accordance with law and the matter should not
be closed only showing that the case has been found untrue.
8. This opinion has been recorded only in the case the
Police founds the case to be untrue and not otherwise.
9. So far as the anticipatory bail application of the
appellant is concerned, taking into account the aforesaid facts that
has come on record, this Court is inclined to extend him the
privilege of anticipatory bail.
10. The impugned order dated 11.08.2025 stands set
aside and the appeal is allowed.
11. 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 the
learned Exclusive Special Judge, SC/ST Act, Samastipur in
connection with Samastipur SC/ST P.S. Case No. 1 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the appellant who shall provide official
document to show his/her bona fide;
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(ii) the appellant shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the appellant shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the appellant shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the appellant shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
12. Let a copy of the order send to the office of the
Superintendent of Police, Samastipur for his/her perusal and
needful.
(Rajiv Roy, J)
Adnan/-
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