Patna High Court
JAIBU MAHTON @ JAI JAI RAM MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 323, 34, 341, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(i), 3(r), 3(s)
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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