Patna High Court
Sarwan Kumar Mahto @ Shrawan Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order rejecting bail is set aside, directing that the appellants be released on bail.
Summary
The appellants, Sarwan Kumar Mahto and Ravi Kumar Mahto, were charged under Sections 103(1), 109, 3(5) of the Bihar National Security Act, 2023 and Sections 3(i), (r), (s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act for allegedly abusing an informant with caste slurs and assaulting him and his father. The Additional Session Judge‑I‑cum‑Special Judge denied their bail application. The appellants contended that the FIR was bifurcated, that the first part contained only vague, omnibus allegations without any specific overt act, and that co‑accused persons in a similar case (Cr. Appeal (SJ) No. 2880 of 2025) had been granted bail. They also highlighted their clean criminal record and the fact that they had been in judicial custody since 10‑Nov‑2025. The High Court, after hearing both sides, found merit in the appellants' arguments, set aside the lower court’s order, and allowed the bail appeal. Consequently, the appellants were directed to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the allegations in the FIR constitute a cognizable offence under the SC/ST (POA) Act warranting denial of bail.
- Whether the appellants' participation in the alleged caste‑based abuse and assault is sufficiently established to justify refusal of bail.
- Whether the principles of bail under the SC/ST (POA) Act and the Bihar National Security Act, 2023 apply given the appellants' clean record and the existence of similar co‑accused who were granted bail.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va), 3(i), 3(r), 3(s)
Subjects
- bail
- SC/ST (POA) Act
- caste abuse
- assault
- criminal procedure
- Bihar
- FIR
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4707 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- BAGENGOLA District- Buxar
======================================================
1. Sarwan Kumar Mahto @ Shrawan Kumar Mahto Son of Hiralal Mahto
Resident of Village- Akorhi, P.S.- Bagengola, District- Buxar
2. Ravi Kumar Mahto @ Ravi Mahto Son of Sarwan Kumar Mahto @
Shrawan Kumar Mahto Resident of Village- Akorhi, P.S.- Bagengola,
District- Buxar
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Ramjee Paswan Son of Kishun Paswan Resident of Village- Kodhi, P.S.-
Bagengola, District- Buxar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rang Nath Choubey, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellants
against the order dated 10.11.2025 passed by learned Additional
Session Judge-I -cum – Special Judge, SC/ST (P.O.A.) Act,
Buxar whereby the prayer for bail of the appellants in
connection with SC/ST Case No. 45 of 2025 arising out of
Bagengola P.S. Case No. 26 of 2025 under Sections 103(1), 109,
3(5), 352 of B.N.S., 2023 and Sections 3(i) (r) (s) and 3(2)(va)
of SC/ST (POA) Act was rejected.
3. The case of the respondent, in short, is that the
Patna High Court CR. APP (SJ) No.4707 of 2025(2) dt.03-02-2026
2/3
appellants, along with others, abused the informant with caste
names and have also assaulted him. Thereafter, at about 06:00
PM, when the father of the informant, namely Kishun Paswan,
and Raj Kumar Paswan were wandering near the Bajrangbali
temple, five persons assaulted them with an iron rod. Among the
assailants were Laxmina Devi and Lakhmuna Devi, who
attacked them with bricks. When Sarita Devi came to rescue,
she was also assaulted.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case.
Learned counsel for the appellants submits that this FIR is in
two parts. The name of the appellant finds place in the first part
of the FIR, wherein the allegation is that they have abused the
respondent with a caste name and assaulted them. In the second
part of the FIR, there is no role for these appellants, and their
name does not find place. He further submits that in the first
part of the FIR, there is no allegation of any overt act against the
appellants, and there is a general and omnibus allegation of
abusing the appellants with caste names and of assault. He
further submits that similarly situated other co-accused persons,
namely, Lakhmuna Devi, Om Prakash Mahto, and Ramesh
Mahto, have been granted the privilege of bail by the learned
Patna High Court CR. APP (SJ) No.4707 of 2025(2) dt.03-02-2026
3/3
coordinate bench of this court passed in Cr. Appeal (SJ) No.
2880 of 2025. The case of these appellants stands on similar
footing. Moreover, the appellants are having no criminal
antecedent and they are languishing in judicial custody since
10.11.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and the impugned order dated 10.11.2025 is
hereby set aside.
7. The appellants are directed to be enlarged on bail in
connection with SC/ST Case No. 26 of 2025 arising out of
Bagengola P.S. Case No. 26 of 2025 on furnishing bail bond of
Rs. 10,000/- (Rs. ten thousand only) each with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Session Judge-I-cum-Special Judge SC/ST (P.O.A.)
Act, Buxar.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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