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Patna High Court

Sachin Kumar MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             3/4




          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;
          Patna High Court CR. APP (SJ) No.4265 of 2025(5) dt.17-06-2026
                                                       4/4




                                 (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/-

U     T


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