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Patna High Court

Jaleshwar MahatoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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