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Patna High Court

Ramu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed appeals 1054 and 975, upholding the denial of anticipatory bail, but allowed appeal 995, setting aside the denial and granting bail to the appellants.

Summary

The appellants, including Ganauri Mahto and his sons, were charged under several IPC sections (147, 148, 149, 341, 323, 448, 302, 504, 506) and sections 3(i)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act for allegedly assaulting the father of an informant and causing his death. They sought anticipatory bail, which the trial court rejected on 24‑01‑2024. Appeals 1054 and 975 challenged that order, but the Patna High Court found no merit and dismissed those appeals. In appeal 995, the appellants argued that the charge of assault was vague, not specific to any overt act, and that the alleged insult did not occur in public view, thus not attracting the SC/ST Act; the court accepted this contention, set aside the lower court’s order and granted bail. Consequently, the court ordered the release of the appellants on bail with a bond of Rs 10,000 and two sureties of the same amount.

Issues considered

  • Whether the trial court erred in rejecting anticipatory bail for the appellants.
  • Whether the allegations under the SC/ST (Prevention of Atrocities) Act are sufficiently specific to constitute an offence.
  • Whether the nature of the alleged assault justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • IPC offences
  • bail
  • criminal appeal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.1054 of 2024
        Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
     ======================================================
     Ganauri Mahto Son of Late Gahan Mahto R/o Village- Dhawalbigha, P.S.-
     Hulasganj in the District of Jehanabad

                                                                      ... ... Appellant/s
                                           Versus
1.   The State of Bihar
2.   Dhanmanti Devi Wife of Babulal Chaudhary R/o Village- Harbaspur, P.S.-
     Islampur in the district of Nalanda. At present resident of her Maike Village-
     Dhawal Bigha, P.S.- Hulasganj in the district of Jehanabad

                                               ... ... Respondent/s
     ======================================================
                                             with
                      CRIMINAL APPEAL (SJ) No. 975 of 2024
        Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
     ======================================================
1.    Ramu Kumar Son of Ganauri Mahto R/o Village- Dhawalbigha, P.S.-
      Hulasganj in the district of Jehanabad
2.   Pankaj Kumar Son of Ganauri Mahto R/o Village- Dhawalbigha, P.S.-
     Hulasganj in the district of Jehanabad
                                                      ... ... Appellant/s
                                         Versus
1.   The State of Bihar
2.    Dhanmanti Devi W/o Babulal Chaudhary R/o Village- Harbaspur, P.S.-
      Islampur in the district of Nalanda. At present resident of her Maike Village-
      m Dhawal Bigha, P.S.- Hulasganj in the district of Jehanabad
                                                                  ... ... Respondent/s
     ======================================================
                                             with
                      CRIMINAL APPEAL (SJ) No. 995 of 2024
        Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
     ======================================================
1.    Anter Devi @ Antari Devi W/o Ganauri Mahto R/o vill - Dhawal Bigha, P.S.
      - Hulasganj, Distt. - Jehanabad
2.   Sangeeta Devi @ Sangita Kumari W/o Pankaj Mahto R/o vill - Dhawal
     Bigha, P.S. - Hulasganj, Distt. - Jehanabad
3.   Rubi Devi W/o Ramu Mahto R/o vill - Dhawal Bigha, P.S. - Hulasganj,
     Distt. - Jehanabad
                                                        ... ... Appellant/s
                                 Versus
1.   The State of Bihar
2.   Dhanmanti Devi W/o Babulal Chaudhary R/o vill - Harbaspur, P.s. -
         Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
                                                      2/4




                  Islampur, Distt. - Nalanda. At present R/o Maike Vill - Dhawal Bigha, P.s. -
                  Hulasganj, Dist. - Jehanabad
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL APPEAL (SJ) No. 1054 of 2024)
                 For the Appellant/s  :     Mr.Sunil Kumar
                 For the Respondent/s :     Mr.Usha Kumari 1
                 (In CRIMINAL APPEAL (SJ) No. 975 of 2024)
                 For the Appellant/s  :     Mr.Sunil Kumar
                 For the Respondent/s :     Mr.Usha Kumari 1
                 (In CRIMINAL APPEAL (SJ) No. 995 of 2024)
                 For the Appellant/s  :     Mr.Sunil Kumar
                 For the Respondent/s :     Mr.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   29-01-2026                   Heard learned counsel for the appellants and the State.

                                2. These appeals have been filed for setting aside order

                   dated 24.01.2024 passed in a case registered for the offence

                   punishable under Sections 147, 148, 149, 341, 323, 448,, 302,

                   504, 506 of the IPC and Sections 3(i)(r)(s) and 3 (2) (va) of the

                   Scheduled Castes            and Scheduled Tribes (Prevention of

                   Atrocities) Act 1989, whereby the prayer for anticipatory bail of

                   the appellants have been rejected.

                                Re.-Cr. Appeal (SJ) No.1054 of 2024 & Cr. Appeal

                   (SJ) No. 975 of 2024

                                3. As per F.I.R., this appellant and other two named

                   accused abused by caste name and assaulted father of informant

                   and threw him down from the roof due to which father of

                   informant died on spot.

                                4. Considering the aforesaid facts, nature of accusation
Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
                                             3/4




          and other circumstances of the case, I do not find any reason to

          interfere with the impugned order, accordingly these appeals are

          dismissed.

                       Cr. Appeal (SJ) No. 995 of 2024

                       5. As per F.I.R., specific allegation of assault is against

          co-accused Ganauri Mahto, Pankaj Kumar and Ramu Kumar.

                       6. Learned counsel for the appellants submits that

          allegation of assault is general and omnibus against these

          appellants and no specific overt act has been alleged against

          them. Insult cause to the informant did not take place within

          public view, as such, no case under SC/ST Act is made out.

          Appellants are ladies and claim clean antecedent.

                       7. Learned Spl. Public Prosecutor for the State and

          learned counsel for the respondent no. 2 vehemently opposed the

          appeal.

                        8. However, considering the aforesaid facts and

          circumstances and clean antecedent, the impugned order dated

          24.01.2024 is, hereby, set aside and this criminal appeal is

          allowed.

                       9. Let the appellants, as named above, be released 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
            Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
                                                         4/4




                      1st ADJ, Jehanabad, in connection with Hulasganj P.S. Case No.

                      200 of 2023.



                                             (Prabhat Kumar Singh, J)
khushbu/-

U      T


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