Patna High Court
Ravi Kishan Mahto @ Ravi KishanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied to the appellant.
Summary
The appellant, Ravi Kishan Mahto, was charged under several sections of the Bihar Non-Applicable Act and the Scheduled Caste/Scheduled Tribe (Prevention) Act for alleged assault, robbery and firing at a marriage ceremony. The prosecution alleged that the appellant snatched a money bag and, together with associates, fired eight to ten rounds at the informant's house. The appellant contended that the primary allegations of assault were against others and that his involvement was limited to taking the money bag. The court examined the seriousness of the allegations, including the alleged firing within a fortnight of the first incident. Considering the cumulative nature of the accusations, the court held that no anticipatory bail could be granted and rejected the appellant's application. The appeal against the order of the Special Judge was dismissed.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite allegations of assault, robbery and firing under the BNS and SC/ST Acts
- Whether the nature and seriousness of the alleged offences justify denial of anticipatory bail
Subjects
- anticipatory bail
- assault
- robbery
- firing
- SC/ST Act
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4362 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- PAWANA District- Bhojpur
======================================================
Ravi Kishan Mahto @ Ravi Kishan Son of Manoj Kumar @ Late Dular
Chand Singh R/o Village - Pawana, P.S. - Pawana, Dist. - Bhojpur.
... ... Appellant/s
Versus
1. The State of Bihar
2. Rakesh Kumar Ram Son of Sidddhnath Rajak R/o Village, Post and P.S. -
Pawana, Dist. - Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Navin Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
For the Informant : Mr. Ayushi Chaudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 16-04-2026 Heard Mr. Navin Kumar Singh, learned counsel for
the appellant, Ms. Ayushi Chaudhary representing the informant
and Mr. Binay Krishna, learned Spl.P.P.
2. This appeal has been filed for setting aside the
order dated 16.09.2025 passed by learned 1st Additional
Sessions Judge-cum-Special Judge, Schedule Caste/Schedule
Tribe Act, Bhojpur at Ara in connection with Pawana P.S. Case
No. 38/2025 registered for the offence punishable under sections
126(2), 115(2), 109(2), 303(2), 351(2), 352 and 3(5) of the BNS
and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Act whereby
the prayer for anticipatory bail of the appellant has been
rejected.
Patna High Court CR. APP (SJ) No.4362 of 2025(4) dt.16-04-2026
2/3
3. As per the prosecution story, the informant alleged
that there was a marriage in the family and the program was
going on at the place where the bridegroom was to reside. The
allegation is that the accused persons, including the appellant
herein, entered the place and Aman Kumar assaulted his son-in-
law, Arvind Kumar on head with iron rod causing injury.
Further, Ashwani Kumar gave blow to the nephew (Manu
Kumar) on the left arm as a result whereof he suffered fracture.
So far as this appellant is concerned, the allegation is that he
took away the money bag from the hands of the son-in-law’s
brother, Ramakant Rajak. The injured were shifted to the
hospital which followed the FIR.
4. Learned counsel for the appellant submits that the
main allegation is against Aman Kumar and Ashwani Kumar of
assault. So far as this appellant is concerned, the only allegation
is that he snatched the money bag.
5. Learned counsel representing the informant, Ms.
Chaudhary on the other hand submits that not only they tried to
disturb the marriage ceremony in the family and entered the
place, where the bridegroom and the baraat was to stay but also
assaulted the family members and took away the money bag.
The submission is that, soon thereafter, this appellant alongwith
Patna High Court CR. APP (SJ) No.4362 of 2025(4) dt.16-04-2026
3/3
other associate resorted to eight to ten rounds of firing at the
house of the informant and out of the five persons who opened
fire, the informant could identify amongst other this appellant.
The second incident which also reflects in paragraph 3 of the
petitioner led to lodging of the Pawana P.S. Case No. 46 of
2025 in which this appellant is one of the named accused.
6. Considering the allegation that has come against
the appellant coupled with the fact that within a fortnight, he
resorted to firing at the house of the informant, again, no relief
can be extended to him.
7. The anticipatory bail application stands rejected.
8. Before parting, this Court would like to put on
record its word of appreciation for Ms. Ayushi Chaudhary,
learned counsel for the petitioner for the proper assistance
rendered in the matter.
(Rajiv Roy, J)
Adnan/-
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