Allowed

Ram Bihar Mahto @ Ram Bihari Mahto v. The State of Bihar

Patna HC8 Nov 2023CR. APP (SJ)/1580/2022

Case brief

AI extract

What is this about?

In this criminal appeal against the refusal of anticipatory bail under the SC/ST Act, the High Court granted bail to the appellants after finding no specific allegation of caste slating and noting the presence of a land dispute.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellants enlarged on bail of Rs. 25,000 each with two sureties subject to Section 438(2) CrPC.

Ram Bihar Mahto @ Ram Bihari Mahto Vs The State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1580 of 2022

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Arising Out of PS. Case No.-37 Year-2021 Thana- SC/ST BETTIAH District- West Champaran

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======================================================

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RAM BIHAR MAHTO @ RAM BIHARI MAHTO S/o Late Chuman Mahto R/o village- Ajua, P.S.- Shikarpur, District- West Champaran

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Abhay Prakash @ Nanhaki @ Nanki Mahto S/o Ram Bihar Mahto @ Ram Bihari Mahto R/o village- Ajua, P.S.- Shikarpur, District- West Champaran

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Santosh Sah @ Santosh Kumar Sah S/o Ramchandra Sah R/o village- Ajua, P.S.- Shikarpur, District- West Champaran

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Karan Sah @ Dablu Sah S/o Ramkeshwar Gupta R/o village- Ajua, P.S.Shikarpur, District- West Champaran

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Ram Pravesh Patel S/o Pradeep Patel R/o village- Ajua, P.S.- Shikarpur, District- West Champaran

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... ... Appellants.

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Versus

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The State of Bihar.

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Indu Devi W/o Umesh Ram R/o village- Ajua, Ward No.- 06, P.S.Shikarpur, District- West Champaran

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... ... Respondents.

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====================================================== Appearance :

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For the Appellant/s : Mr. Sanjeev Kumar, Advocate Ms. Bharti Rai, Advocate For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 08-11-2023 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

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Learned Special Public Prosecutor for the State has informed that in compliance of the order dated 22.02.2023, he has informed the informant but none is present on her behalf.

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This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against

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Patna High Court CR. APP (SJ) No.1580 of 2022(3) dt.08-11-2023 2/3

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the refusal of prayer of anticipatory bail vide order dated 05.01.2022 passed by learned 1^st Additional Sessions Judge cum Special Judge (SC/ST Act), West Champaran at Bettiah in connection with SC/ST Bettiah P.S. Case No. 37/2021 registered under Sections 147, 149, 341, 323, 324, 504 & 506/34 of the Indian Penal Code and Section 3(1) (r) (w) (x) (s) 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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While the informant had gone to ease out, all the accused persons including these appellants are said to have abused her and assaulted her by means of knife. The reason behind the occurrence is said to be land dispute.

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It is submitted by learned counsel for the appellants that the appellants have no concern with the aforesaid occurrence. They have been falsely implicated in the case due to dirty village politics. The allegation of assault levelled against the appellants is not specific rather general and omnibus in nature. The allegation of assaulting the informant is not specific rather general and omnibus in nature. It is further submitted that there is admitted land dispute between the parties. Appellant no.1 has also filed a case against the husband of the present informant and others. It is further submitted that there is no allegation of slating the informant in the specific name of his caste. Hence,

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Patna High Court CR. APP (SJ) No.1580 of 2022(3) dt.08-11-2023 3/3

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no offence under Section SC/ST Act is made out against the appellants. It is further submitted that injury sustained by the informant is simple in nature. Learned cousnel for the appellants has also relied upon the judgment in the case of Hitesh Verma Vs. State of Uttarakhand and another reported in (2020) 10

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Supreme Court Cases 710 .

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Learned Spl. PP for the State opposed the prayer for bail.

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In the facts and circumstances of the case, let the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. Sessions Judge cum Special Judge (SC/ST Act), West Champaran at Bettiah in connection with SC/ST Bettiah P.S. Case No.37 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Accordingly, the impugned order is set aside and this appeal is allowed.

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(Anjani Kumar Sharan, J)

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Trivedi/- U T

Ram Bihar Mahto @ Ram Bihari Mahto v. The State of Bihar

Case brief

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Ram Bihar Mahto @ Ram Bihari Mahto v. The State of Bihar

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