Patna High Court
Murari KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants, Murari Kumar and Dewan Mahto, appealed against the order of the Exclusive Special Judge that rejected their anticipatory bail applications in a case registered under multiple IPC offences, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that on 23 June 2024 the accused stopped an informant’s tractor, verbally abused him with caste slurs, assaulted him and snatched a gold chain. The defence argued that the appellants were falsely implicated, that the incident arose from a traffic dispute over a blocked road, and that there was no injury report or credible evidence to sustain the SC/ST charges. The Special Judge had denied bail, but the Patna High Court, after considering the nature of the accusations and the lack of substantive proof, ordered that the appellants be released on bail upon surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties. Consequently, the High Court set aside the lower court’s order and allowed the appeal.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the circumstances of the case.
- Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are sufficient to deny bail.
- Whether the prosecution evidence justifies the denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 342, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- caste violence
- bail
- criminal procedure
- IPC offences
- scheduled castes
- scheduled tribes
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4754 of 2024
Arising Out of PS. Case No.-85 Year-2024 Thana- MARANCHI District- Patna
======================================================
1. Murari Kumar S/O Jagdish Sao alias Jagdish Saw R/O Village Rajesh Nagar,
P.S. - Maranchi, District - Patna.
2. Dewan Mahto @ Devendra Mahto @ Munna Miya S/O Late Suresh Mahto
R/O Village Rajesh Nagar, P.S. - Maranchi, District - Patna.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jaggu Tati S/O Vijay Tati R/O Village Naurangi Ward No - 01 P.S. -
Pachmahala, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Javed Aslam, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 02-04-2026 Despite filing Vakalatnama, none appears on behalf
of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
03.09.2024 passed by learned Exclusive Special Judge, SC/ST
Act, Civil Court (Sadar), Patna in connection with Maranchi
P.S. Case No. 85 of 2024 registered under Sections 341, 342,
323, 504, 506, 307/34 of the Indian Penal Code, Section 27 of
the Arms Act and Section 3(1)(r)(s), 3(2)(va) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Patna High Court CR. APP (SJ) No.4754 of 2024(5) dt.02-04-2026
2/3
whereby the prayer for anticipatory bail of appellants has been
rejected.
4. As per prosecution case, on 23.06.2024, when
informant was returning from the brick kiln, all the F.I.R. named
accused persons stopped his tractor and started abusing him by
caste name and assaulted him. It is further alleged that the
accused persons also snatched gold chain from the neck of one
Abhimanyu Singh.
5. Learned counsel for the appellants submits that
appellants are innocent and have falsely been implicated in this
case. As a matter of fact, on the alleged date, a trolley
overturned on NH 80 due to which, the road was blocked and
altercation took place between the parties for parking the tractor.
Allegation against appellants is general and omnibus. There is
no injury report on record to substantiate the allegation. Rest of
the allegations are ornamental only to make the case grave. It is
not the case of informant that any member of public was present
at the alleged place of incident and as such, no case under
SC/ST Act is made out against the appellants.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation and other facts
Patna High Court CR. APP (SJ) No.4754 of 2024(5) dt.02-04-2026
3/3
and circumstances of the case, let the appellants, as named
above, in the event of their arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bonds of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, SC/ST Act, Civil Court (Sadar), Patna in
connection with Maranchi P.S. Case No. 85 of 2024.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 03.09.2024 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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