Patna High Court
ANIRUDH MAHATOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the allegations do not meet the statutory requirements of an offence under the SC/ST Act, and therefore anticipatory bail must be granted.
Summary
The appellants, four Mahato individuals, were charged under IPC sections 341, 323, 379, 504/34 and Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting and robbing a co‑villager while using caste slurs. The Special Judge had rejected their anticipatory bail application. On appeal, the High Court noted that the prosecution’s case was vague, lacked an injury report, and the alleged assault was not witnessed in public, thus failing to satisfy the criteria for an offence under the SC/ST Act. Consequently, the Court ordered bail on the condition of furnishing bail bonds and sureties. The impugned order rejecting bail was set aside, and the appeal was allowed.
Issues considered
- Whether the facts alleged constitute an offence punishable under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act for the purpose of denying anticipatory bail.
- Whether anticipatory bail should be granted in view of the lack of medical injury report and absence of public view of the alleged assault.
- Whether the Special Judge's order rejecting anticipatory bail is liable to be set aside.
Legislation cited
- Indian Penal Code — s. 323, 341, 379, 504/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- robbery
- caste discrimination
- bail jurisdiction
- criminal appeal
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.869 of 2023
Arising Out of PS. Case No.-392 Year-2022 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Anirudh Mahato S/O Late Banshi Mahato @ Late Vanshi Mahato Resident
of Village- Siswaniya, P.S.- Ramgarhawa, District- East Champaran.
2. Chandan Mahato @ Chandan Kumar S/O Anirudh Mahato resident of
village- siswaniya, p.s.- Ramgarhawa, District- East Champaran.
3. Nandan Mahato @ Nandan Mahato S/O Anirudh Mahato resident of village-
siswaniya, p.s.- Ramgarhawa, District- East Champaran.
4. Sanjay Mahato @ Sanjay Kumar S/O Yadolal Mahato @ Jadolal Mahato
resident of village- siswaniya, p.s.- Ramgarhawa, District- East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Amiraka Das S/O Ram Awatar Das Resident of Village- Siswaniya, P.S.-
Ramgarhawa, District- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Mr. Harsha Shaswat, Adv
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 19-03-2026 Despite valid service of notice, 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
18.01.2023 passed by learned Special Judge, SC/ST Act, East
Champaran, Motihari in ABP No. 45 of 2023 arising out of
Ramgarhwa P.S. Case No. 392 of 2022 registered under
Sections 341, 323, 379, 504/34 of the Indian Penal Code and
Patna High Court CR. APP (SJ) No.869 of 2023(5) dt.19-03-2026
2/3
Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
4. Prosecution case, in brief, is that on 9.11.2022 at
about 5 PM, when informant was going to the water tank, these
appellants along with some unknown persons surrounded him,
assaulted and abused him by caste name. On the order of
appellant no. 1, rest of the appellants assaulted him with fists
and slaps and appellant no. 4 snatched Rs. 5,000/- from his
pocket.
5. Learned counsel for the appellants submits that
both parties are co-villagers and due to petty dispute, altercation
took place in which both sides sustained injuries. Though there
is allegation of assault by fists and slaps but there is no injury
report on record to substantiate the allegation. Allegation of
assault is general and omnibus. It is not the case of informant
that alleged incident occurred within public view 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 aforesaid facts, let the appellants,
as named above, in the event of their arrest/surrender within a
Patna High Court CR. APP (SJ) No.869 of 2023(5) dt.19-03-2026
3/3
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 Special Judge, SC/ST Act, East Champaran, Motihari in
ABP No. 45 of 2023 arising out of Ramgarhwa P.S. Case No.
392 of 2022.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 18.01.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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