Patna High Court
Jaleshwar MahatoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the appellant, setting aside the trial court’s refusal.
Summary
The appellant, Jaleshwar Mahato, was charged under multiple IPC offences and sections of the SC/ST (Prevention of Atrocities) Act in connection with a 2023 case. He appealed the trial court’s refusal to grant anticipatory bail, arguing that he was not an accused in a related earlier case and that the informant was a police officer. The Special Public Prosecutor opposed the bail but could not refute the appellant’s claim of non‑involvement in the earlier FIR. The High Court, after considering the submissions, ordered that the appellant be released on anticipatory bail if arrested within six weeks, upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) CrPC/Section 482(2) B.N.S.S. The appellate order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 438 CrPC in a case filed under the SC/ST (Prevention of Atrocities) Act and multiple IPC sections.
- Whether the appellant’s alleged non‑involvement in the earlier FIR (Case No. 268 of 2023) affects the grant of anticipatory bail in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 337, 338, 341, 353, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- IPC offences
- criminal procedure
- bail conditions
- scheduled caste
- scheduled tribe
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.430 of 2026
Arising Out of PS. Case No.-270 Year-2023 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Jaleshwar Mahato Son of Singari Mahato @ Shikari Mahto Resident of
Village - Kauriya Tole lilahi, P.S. - Bhagwanpur Hat, Dist. - Siwan.
... ... Appellant/s
Versus
1. The State of Bihar
2. Krishna Ram, ASI Bhagwanpur Hat, P.S. - Bhagwanpur Hat, Dist. - Siwan.
Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Pandey, Advocate
For the Respondent/s : Ms. Usha Kumari No. 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 18-04-2026 1. Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
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 06.01.2026 in A.B.P. No. 3377 of 2025 passed by
the learned 1st Additional Sessions Judge-cum-Special Judge,
Siwan in connection with Bhagwanpur Hat P.S. Case No. 270 of
2023 registered under Sections 147, 148, 149, 341, 323, 324,
379, 337, 338, 307, 353, 427, 504 and 506 of the Indian Penal
Code as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST
Act.
3. Learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.430 of 2026(3) dt.18-04-2026
2/3
appellant submits that appellant has antecedent of one case but
then the said case was instituted by the side of the informant. It
is further submitted that one Durgawati Devi instituted
Bhagwanpur Hat P.S. Case No. 268 of 2023 against several
accused persons including Rohit. It is next submitted that Rohit
was arrested by the police but Rohit died in the police custody,
as such, the villagers were enraged. It is also submitted that
Bhagwanpur Hat P.S. Case No. 269 of 2023 came to be
instituted by the Station House Officer of the Police Station
alleging that the police force was going to arrest other accused
of Bhagwanpur Hat P.S. Case No. 268 of 2023 when the
accused persons gathered and assaulted the police force. It is
submitted that appellant is not an accused in Bhagwanpur Hat
P.S. Case No. 268 of 2023. It is further submitted that for the
same offence, the instant FIR also came to be instituted by the
A.S.I. wherein similar allegation as alleged in Bhagwanpur Hat
P.S. Case No. 268 of 2023 but then in the instant case appellant
was made an accused. It is next submitted that Rahul Kumar
along with two others had approached this Court seeking
anticipatory bail by filing Cr. Appeal (SJ) No. 635 of 2025 and
the same came to be allowed by an order dated 01.09.2025. It is
also submitted that informant is the police officer and, thus, is
Patna High Court CR. APP (SJ) No.430 of 2026(3) dt.18-04-2026
3/3
represented by the learned Special Public Prosecutor.
4. Learned Special Public Prosecutor for the State
opposes the prayer for anticipatory bail of the appellant but then
are not in a position to rebut the submissions of the learned
counsel appearing on behalf of the appellant that appellant is not
an accused in Bhagwanpur Hat P.S. Case No. 268 of 2023.
5. Considering the submissions made by the learned
counsel appearing on behalf of the appellant, let the appellant,
above-named, in the event of his arrest or surrender within a
period of six weeks from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending in connection with the aforesaid case,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
6. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
Kundan/-
U T
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