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Patna High Court

Sikandar MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed anticipatory bail to the appellants, setting aside the order rejecting the bail application.

Summary

The appellants, members of the Mahto family, were charged under several IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault, attempted murder, and outraging the modesty of an informant who had purchased land from a third party. They applied for anticipatory bail under Section 14A(2) of the SC/ST Act, but the Additional District & Sessions Judge rejected the application. The appellants argued that the FIR contained only generic allegations, the injuries were minor, and they had clean antecedents; they also pointed out that co‑accused persons had already been granted anticipatory bail in a related case. The State and the informant opposed the bail, asserting the appellants' active participation in the offences. Considering the clean antecedent of the appellants and the precedent of bail to co‑accused, the Patna High Court allowed the appeal, set aside the lower court’s order, and granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail can be granted to the accused under the SC/ST (Prevention of Atrocities) Act in view of the nature of the alleged offences.
  • Whether the clean antecedent of the appellants and the grant of bail to co‑accused justify the issuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • atrocity
  • assault
  • outraging modesty
  • clean antecedent
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4677 of 2024
                   Arising Out of PS. Case No.-12 Year-2024 Thana- SIRISIYA District- West Champaran
                 ======================================================
           1.     Sikandar Mahto Son of Satyanarayan Mahto Village- Kauwaha Laxmipur,
                  Police station-Sirisiya District- West Champaran
           2.    Satyanarayan Mahto Son of Late Vishnu Mahto @ Bigun Mahto Village-
                 Kauwaha Laxmipur, Police station-Sirisiya District- West Champaran
           3.    Nayanmati Devi W/o- Sikandar Mahto Village- Kauwaha Laxmipur, Police
                 station-Sirisiya District- West Champaran
           4.    Shobha Devi W/o- Mukesh Mahto Village- Kauwaha Laxmipur, Police
                 station-Sirisiya District- West Champaran
           5.    Kiran Devi @ Kiran Kumari W/o- Shambhu Mahto Village- Kauwaha
                 Laxmipur, Police station-Sirisiya District- West Champaran
           6.    Brijesh Kumar @ Brijesh Mahto @ Brijesh Mandal S/o- Daroga Mahto @
                 Daroga Mandal Village- Kauwaha Laxmipur, Police station-Sirisiya District-
                 West Champaran
           7.    Rajesh Mahto Son of Daroga Mahto @ Daroga Mahto Village- Kauwaha
                 Laxmipur, Police station-Sirisiya District- West Champaran
           8.    Khusbu Devi W/o- Rajesh Mahto Village- Kauwaha Laxmipur, Police
                 station-Sirisiya District- West Champaran
           9.    Anil Mahto @ Anil Kumar Son of Mohan Mahto Village- Kauwaha
                 Laxmipur, Police station-Sirisiya District- West Champaran
           10. Akhilesh Kr. Mahto @ Akhilesh Mahto @ Akhilesh Mahto S/o- Adalat
               Mahto @ Daroga Mahto Village- Kauwaha Laxmipur, Police station-Sirisiya
               District- West Champaran, P/A- Dukhi Chhapar Ps- Gopalpur Dist- West
               Champaran

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Manju Devi W/o- Raju Ram Village- Laxmipur Kauwaha, Police station-
                 Sirisiya District- West Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Brij Kishor Mishra, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 For the Informant       :        Mr. Ram Kishun Prasad, Advocate
                                                  Ms. Sushma Saran, Advocate
                                                  Mr. Ram Kishun Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   12-02-2026                    Heard learned counsel for the appellants, learned
Patna High Court CR. APP (SJ) No.4677 of 2024(4) dt.12-02-2026
                                             2/5




          counsel for the informant and learned Special Public Prosecutor

          appearing for the State.

                          2. This appeal under Section 14A(2) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989 has been directed against the order dated

          02.09.2024 passed by learned Additional District & Sessions

          Judge-1st-cum-Special             Judge       (SC/ST),   Bettiah,   West

          Champaran, in connection with Sirisiya P.S. Case No. 12 of

          2024 registered under Sections 341, 323, 448, 324, 325, 307,

          354B, 379, 504 and 34 of the Indian Penal Code read with

          Sections 3(1)(r)(s)(w) and 3(2)(va) of Scheduled Castes and

          Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby

          the prayer for grant of anticipatory bail of the appellants has

          been rejected.

                          3. As per the prosecution case, the informant

          alleged that she had purchased a land from one Shiv Dayal

          Mahto. She came to know that the co-accused persons, Ramu

          Mahto and Dhamu Mahto were constructing a hut on her land

          then she went there and asked why they have constructed a hut,

          thereafter, all the accused persons had gone from there. On

          17.03.2024 at about 08:30 AM, when the informant’s family

          went to the appellant’s house then all the accused persons
Patna High Court CR. APP (SJ) No.4677 of 2024(4) dt.12-02-2026
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          abused the informant, when she opposed, the appellant Nos. 5

          and 10 (Kiran Devi and Akhilesh Mahto) caught her and co-

          accused persons Ramu Mahto and Dhamu Mahto assaulted on

          her head by means of farsa with an intention to kill due to which

          she sustained injury, thereafter, the appellant Nos. 6 and 7

          (Brijesh Mahto and Rajesh Mahto) disrobed and outraged her

          modesty. On hulla, her father-in-law came to save her, then co-

          accused, Ramu Mahto attacked with bhala in his stomach due to

          which he sustained injury and fell unconscious on the ground

          then the appellant Nos. 4, 5, 8, 9 and 10 (Shobha Devi, Kiran

          Devi, Khushbu Devi, Anil Mahto and Akhilesh Mahto)

          assaulted him with lathi, danda and iron rod due to which he got

          injured, when her cousin father-in-law came to save her, the co-

          accused, Dharmendra Mahto and appellant Nos. 1, 2 and 9

          (Sikandar Mahto, Satyanarayan Mahto and Anil Mahto)

          assaulted on his hand with lathi and iron rod due to which his

          finger got fractured, thereafter all the accused persons assaulted

          him due to which he sustained injury. The appellant Nos. 5 and

          8 (Kiran Devi and Kushbu Devi) snatched mangalsutra from her

          neck. On hulla, the villagers gathered, then all the accused

          persons fled away. Thereafter, the injured were taken to hospital

          for treatment.
Patna High Court CR. APP (SJ) No.4677 of 2024(4) dt.12-02-2026
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                          4. Learned counsel for the appellants submits that

          the appellants, who are of clean antecedent, are innocent and

          have not committed any offence. He further submits that it

          appears from the F.I.R. itself that there is general and omnibus

          allegation against all the appellants. As per the injury report, the

          injury sustained by the injured is simple in nature caused by

          hard and blunt substance. There is no allegation of hurling of

          caste related abuse in public place at the informant by the

          appellants, hence no case is made out under Section SC/ST Act.

          The co-accused person has been granted anticipatory bail by the

          Co-ordinate Bench of this Court vide order dated 27.11.2025

          passed in Cr. Appeal (SJ) No. 4670 of 2024. Hence, the

          impugned order may be set aside and the appellants may be

          granted the privilege of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          and learned counsel for the informant have vehemently opposed

          the prayer for grant of anticipatory bail to the appellants and

          submitted that the appellants are actively involved in the present

          occurrence.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellants bear clean

          antecedent coupled with the fact that the co-accused, having
           Patna High Court CR. APP (SJ) No.4677 of 2024(4) dt.12-02-2026
                                                        5/5




                     more or less similar allegation, have already been granted the

                     privilege of anticipatory bail by a Co-ordinate Bench of this

                     Court, let the above named appellants, in the event of their

                     arrest/surrender within a period of six weeks, be released 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

                     learned Additional District & Sessions Judge-1st-cum-Special

                     Judge (SC/ST), Bettiah, West Champaran, in connection with

                     Sirisiya P.S. Case No. 12 of 2024 subject to the conditions laid

                     down under Section 438(2) of the Cr.P.C..

                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 02.09.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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