Patna High Court – Orders
Chandan Kumar Mahto vs The State Of Bihar on 17 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4963 of 2023
Arising Out of PS. Case No.-469 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
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1. Chandan Kumar Mahto S/O Hiraman Mahto R/O Village- Karinga
Musehari, P.S- Chapra Mufassil, Distt.- Saran.
2. Ranjan Kumar S/O Hiraman Mahto R/O Village- Karinga Musehari, P.S-
Chapra Mufassil, Distt.- Saran.
3. Vishal Kumar S/O Narsingh Mahto R/O Village- Karinga Musehari, P.S-
Chapra Mufassil, Distt.- Saran.
4. Nitesh Kumar S/O Late Anwat Mahto R/O Village- Karinga Musehari, P.S-
Chapra Mufassil, Distt.- Saran.
5. Kundan Kumar S/O Hira Mahto R/O Village- Karinga Musehari, P.S-
Chapra Mufassil, Distt.- Saran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Lilawati Devi W/O Shree Kishun Choudhri R/O Village- Karinga Musehari,
P.S- Chapra Mufassil, Distt.- Saran.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ankur Prakash Sinha, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 17-06-2025
Heard Mr. Ankur Prakash Sinha, learned counsel for
the appellants, Mrs. Usha Kumari 1, learned Special Public
Prosecutor for the State.
2. Despite of valid service of notice upon respondent
no.2, no one appeared on behalf of the informant (respondent
no. 2).
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
Patna High Court CR. APP (SJ) No.4963 of 2023(5) dt.17-06-2025
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16.09.2023 passed by the learned Court of Exclusive Special
Judge (SC/ST), Chapra, Saran in ABP No. 3069 of 2023 in
connection with Mufassil P.S. Case No. 469 of 2023 F.I.R. dated
17.06.2023 registered under Sections 341, 323, 324, 325, 379,
427/34 of the Indian Penal Code and Sections 3 (i) (r) (s) and 3
(2) (va) of the Scheduled Castes and Scheduled Tribes (POA)
Act.
4. According to the prosecution case, the appellants
along with 8-10 unknown accused persons armed with rod,
danda, farsa, bricks and sword came to the informant and
abused her by taking her caste name and they also assaulted her
and torn her clothes. It is further alleged that one co-accused
snatched gold chain of the informant and threatened her.
5. Learned counsel for the appellants submits that
appellant no. 2 has clean antecedent, appellant no. 1 has two
criminal antecedent, appellant nos. 3, 4 and 5 have one criminal
antecedent other than the present one and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellants have not committed any offences as alleged in the
F.I.R. From perusal of the FIR, it appears that there is no
specific allegation of any assault or overt act or abusing against
Patna High Court CR. APP (SJ) No.4963 of 2023(5) dt.17-06-2025
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the appellants rather there is general and omnibus allegation
against all the accused persons including these appellants. So far
as injury is concerned, it appears from the impugned order itself
that injuries as mentioned in paragraph 32 of the case diary
suggest that injuries are simple in nature caused by hard and
blunt substance.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants and
submits that the appellants are named in the F.I.R and apart from
that except appellant no. 2, other appellants have criminal
antecedents.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the facts and circumstance that there is
no specific allegation of assault, abuse or overt act against the
appellants rather there is general and omnibus allegation against
all accused including these appellants and injury report of the
suggest that injuries are simple in nature caused by hard and
blunt substance, let the appellants, above named, in the event of
their arrest to surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
Patna High Court CR. APP (SJ) No.4963 of 2023(5) dt.17-06-2025
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on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two surities of the like amount each to the
satisfaction of learned Exclusive Special Judge (SC/ST),
Chapra, Saran in connection with Mufassil P.S. Case No. 469 of
2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita, 2023 and with other
following conditions:-
i. Appellants shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. However, the
acceptance of bail bonds in terms of the above-mentioned order
Patna High Court CR. APP (SJ) No.4963 of 2023(5) dt.17-06-2025
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verification.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
priyanka/-
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