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Patna High Court

Dharmendra Mahto @ Dharmendra ChauhanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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