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Patna High Court

JAIBU MAHTON @ JAI JAI RAM MAHTOversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the order rejecting anticipatory bail is set aside for the appellants, granting them bail on prescribed conditions.

Summary

Jaibu Mahton and Mohan Mahto appealed against the order dated 16‑10‑2023 that denied them anticipatory bail in a case alleging assault with an iron rod and caste‑based slurs under IPC sections 341, 323, 504, 34 and SC/ST Act 3(i)(r)(s). The appellants contended they were innocent, asserting the case was a retaliatory false complaint linked to a separate case they had filed, and highlighted the lack of specific allegations, injury report, or witnesses. The Special Public Prosecutor opposed bail, while the appellants’ counsel argued the accusations were general, omnibus, and unsupported. The Patna High Court, noting the vague nature of the charges and the counter‑case context, allowed the appeal and set aside the lower court’s order for the appellants. Consequently, the court directed that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties each within eight weeks of receiving the order.

Issues considered

  • Whether the appellants are entitled to anticipatory bail despite the allegations under IPC and the SC/ST Act.
  • Whether the prosecution’s case, being general and lacking specific evidence, suffices to justify denial of bail.
  • Whether the alleged offences under IPC sections 341, 323, 504, 34 and SC/ST Act 3(i)(r)(s) are established against the appellants.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes and Scheduled Tribes Act
  • IPC offences
  • false complaint
  • counter case
  • criminal appeal
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5326 of 2023
                     Arising Out of PS. Case No.-858 Year-2023 Thana- KHAGARIA District- Khagaria
                 ======================================================
           1.     JAIBU MAHTON @ JAI JAI RAM MAHTO S/O LATE SITARAM
                  MAHTO RESIDENT OF VILLAGE- MATHURAPUR, BIJLI TOLA, P.S.
                  AND DISTRICT- KHAGARIA.
           2.    MOHAN MAHTO @ MOHAN KUMAR S/O LATE SITARAM MAHTO
                 RESIDENT OF VILLAGE- MATHURAPUR, BIJLI TOLA, P.S. AND
                 DISTRICT- KHAGARIA.

                                                                                  ... ... Appellant/s
                                                       Versus

           1.    THE STATE OF BIHAR
           2.    KUNAL PASWAN SON OF LATE JASO PASWAN RESIDENT OF
                 VILLAGE- MATHURAPUR, P.S.- KHAGARIA, DISTRICT- KHAGARIA

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellants      :        Mr. Ram Sumiran Rai, Advocate
                 For the State           :        Mr. Binay Krishna, Spl.PP
                 For Respondent No. 2    :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   19-03-2026                 Heard learned counsel appearing for the appellants

                   and learned Special Public Prosecutor appearing for the

                   respondent-State.

                               2. Despite valid service of notice, no body appears on

                   behalf of the informant/Respondent No. 2.

                               3. This appeal has been filed for setting aside order

                   dated 16.10.2023 passed in a case registered for the offence

                   punishable under Sections 341, 323, 504 and 34 of the Indian

                   Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby the
Patna High Court CR. APP (SJ) No.5326 of 2023(5) dt.19-03-2026
                                             2/3




          prayer for anticipatory bail of these appellants has been rejected.

                       4.    As per prosecution case, on the alleged date and

          time of occurrence, all the F.I.R. named accused persons,

          including these appellants, assaulted informant with iron rod

          and abused him with caste based slurs.

                       5. It is submitted by learned counsel appearing on

          behalf of the appellants that appellants are quite innocent and

          have committed no offence. The present case is counter-blast of

          Khagaria P.S. Case No. 867 of 2023 which was lodged by

          nephew of these appellants against informant and others and

          only with a view to save their skin from the aforesaid case, this

          false and concocted case has been lodged. Allegation of assault

          is general and omnibus and no specific accusation of overt act

          has been alleged against these appellants. Moreover, there is no

          injury report on record to substantiate the allegations levelled

          against these appellants. It is not the case of the prosecution that

          any member of public was present at the place of occurrence

          and as such, no case under the Scheduled Castes and Scheduled

          Tribes (Prevention of Atrocities) Act is made out against these

          appellants.

                       6. Learned Spl. P.P. appearing for the respondent-State

          has opposed the prayer for grant of bail to the appellants.
             Patna High Court CR. APP (SJ) No.5326 of 2023(5) dt.19-03-2026
                                                          3/3




                                    7. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation and case and

                       counter-case between the parties, this appeal is allowed and the

                       impugned order dated 16.10.2023 passed by the learned

                       Additional Sessions Judge-1st-cum-Special Judge, SC/ST Act,

                       Khagaria in connection with Spl. A.B.A. (SC/ST) No. 32 of

                       2023 arising out of Khagaria P.S. Case No. 858 of 2023 is

                       hereby set aside with respect to these appellants only.

                                    8. Accordingly, let the appellants, named above, in the

                       event of arrest/surrender within a period of eight weeks from the

                       date of receipt/production of a copy of this order, be enlarged 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 Sessions Judge-1st-cum-Special Judge,

                       SC/ST Act, Khagaria in connection with Khagaria P.S. Case No.

                       858 of 2023.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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