Patna High Court
Dharmendra Mahto @ Dharmendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appellate court set aside the order rejecting anticipatory bail and directed that bail be granted to the appellant.
Summary
The appellant, Dharmendra Mahto, was charged under several sections of the B.N.S. and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing and stabbing the informant, Prahlad Kumar Manjhi, with caste‑based slurs on 13‑10‑2024. The Special Judge had rejected his application for anticipatory bail. On appeal, the appellant argued that the injury was caused by a blunt object, not a knife, and that no public witness was present, thus no case under the SC/ST Act existed. The State opposed bail. The Patna High Court, after considering the nature of the alleged injuries and the evidence, set aside the order refusing bail and granted the appellant bail on condition of a bond and sureties.
Issues considered
- Whether the appellant is entitled to anticipatory bail under the circumstances.
- Whether the facts alleged constitute an offence under the SC/ST (Prevention of Atrocities) Act, Section 3(1)(r)(s).
- Whether the evidence of injury supports the charge of assault with a knife.
Legislation cited
- B.N.S. — s. 115(2), 118(1), 126(2), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- assault
- caste slur
- SC/ST Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.908 of 2025
Arising Out of PS. Case No.-577 Year-2024 Thana- MADHAURAH District- Saran
======================================================
Dharmendra Mahto @ Dharmendra Chauhan S/O Dinesh Mahto Resident of
Village- Leruwa, P.S.- Marhowrah, Dist.- Saran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Prahlad Kumar Manjhi S/O Yogendra Manjhi Resident of Village- Leruwa,
P.S.- Marhowrah, Dist.- Saran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Gajendra Kumar Singh, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-04-2026 Heard learned counsel appearing for the appellant 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 22.01.2025 passed in a case registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 352 and
351(2) of the B.N.S. and Section 3(1)(r)(s) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
whereby the prayer for grant of anticipatory bail of this
appellant has been rejected.
Patna High Court CR. APP (SJ) No.908 of 2025(5) dt.16-04-2026
2/3
4. As per prosecution case, informant, namely
Prahlad Kumar Manjhi, alleged that on 13.10.2024, this
appellant came to his house and started abusing him with caste
based slurs. It is further alleged that upon protest, this appellant
inflicted knife blow in his stomach.
5. It is submitted by learned counsel appearing on
behalf of the appellant that appellant is quite innocent and has
committed no offence. No motive has been assigned for the
alleged occurrence. As per F.I.R., this appellant assaulted
informant with knife, however, doctor has found lacerated
wound on the left hand and back of the informant caused by
hard and blunt substance and the same is simple in nature. Thus,
the injury report falsifies the entire prosecution case. It is further
submitted that 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 this appellant.
6. Learned Spl. P.P. appearing for the respondent-State
has vehemently opposed the prayer for grant of bail to the
appellant.
7. Considering the facts and circumstances of the case
and nature of injuries allegedly caused by this appellant, this
Patna High Court CR. APP (SJ) No.908 of 2025(5) dt.16-04-2026
3/3
appeal is allowed and the impugned order dated 22.01.2025
passed by the learned Exclusive Special Judge, SC/ST (POA)
Act, Saran in connection with A.B.P. No. 4336 of 2024 arising
out of Marhowrah P.S. Case No. 577 of 2024 is hereby set aside
with respect to this appellant only.
8. Accordingly, let the appellant, 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) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST (POA) Act, Saran in
connection with Marhowrah P.S. Case No. 577 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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