Patna High Court
Ramdeo Mahto @ Ramdev MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order refusing bail is set aside and the appellant is released on bail.
Summary
Ramdeo Mahto was charged with murder, illegal possession of arms and an offence under the SC/ST (Prevention of Atrocities) Act for allegedly firing on the son of an informant, resulting in his death. The trial court rejected his bail application, holding that the charge‑sheet implicated him in the offences. The appellant contended that the allegations against him were vague, that he did not publicly insult the victim’s caste, and that he had been in custody since June 2025 without any specific incriminating material. The State opposed bail, emphasizing the seriousness of the charges. The Patna High Court, after considering the lack of specific allegations and the prolonged custody, set aside the trial court’s order and granted bail on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite charges of murder, arms offences and an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the charge‑sheet specifically implicates the appellant or is merely omnibus, thereby affecting bail considerations.
- Whether an alleged insult to caste, a requisite element under the SC/ST Act, is established in the present case.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 191(3), 61(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)
Subjects
- bail
- murder
- arms offence
- SC/ST Act
- prevention of atrocities
- high court
- appeal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4656 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- BIHRA District- Saharsa
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Ramdeo Mahto @ Ramdev Mahto S/o Siyaram Mahto R/o village - Bela
Bagrauli, P.S - Bihra, District - Saharsa (Bihar)
... ... Appellant/s
Versus
1. The State of Bihar
2. Chulhay Paswan S/o Late Rameshwar Paswan R/o village - Bela Bagrauli,
Panchayat - Barahsher, Ward No. 11, P.S - Bihra, District - Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amarnath Jha, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 04.11.2025 passed by learned Additional
Sessions Judge 1st-cum-Special Judge, Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, Saharsa
whereby the prayer for bail of the appellant in connection with
Bihra P.S. Case No. 69 of 2025 under Sections 191(2), 191(3),
190, 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023, read
with Section 27 of the Arms Act and Section 3(2)(v) of SC/ST
Act was rejected.
3. Prosecution case, in short, is that while the
Patna High Court CR. APP (SJ) No.4656 of 2025(3) dt.05-02-2026
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informant’s son was going to Saharsa on his motorcycle, on the
way, the accused persons surrounded him and co-accused Md.
Abdul Rehman fired on the chest of the informant’s son due to
which he fell on the ground. Thereafter, the appellant and the
co-accused persons started indiscriminate firing on the son of
the informant due to which he died on the spot. The informant
has further alleged that the main conspirator of the alleged
occurrence is the co-accused Pradeep Kumar Thakur.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant also submitted that no specific
allegation has been attributed against the appellant rather the
same is general and omnibus in nature. Learned counsel for the
appellant further submits that the appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against him. The
appellant has no intention to disgrace the image of the informant
in public view. The appellant is in custody since 20.06.2025 and
has got one criminal antecedent in which he is on bail. Other co-
accused has been granted regular bail by this Court vide order
dated 22.01.2026 passed in Cr. Appeal (S.J.) No. 4725 of 2025.
Patna High Court CR. APP (SJ) No.4656 of 2025(3) dt.05-02-2026
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5. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 04.11.2025
passed by learned Additional Sessions Judge 1st-cum-Special
Judge, Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, Saharsa is hereby set aside.
7. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bihra P.S. Case No.
69 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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