Dismissed¶19

Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto v. The State of Bihar

Patna HC19 Mar 2026CR. APP (SJ)/1892/2023

Case brief

AI extract

What is this about?

Patna High Court CRIMINAL APPEAL (SJ) No.1892 of 2023; Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto v. The State of Bihar and Manti Devi; anticipatory bail rejected by Exclusive Special Judge, SC/ST Act, Gaya (ABP No. 33 of 2023; Wazirganj P.S. Case No. 686 of 2022; IPC Sections 341, 447, 323, 354, 504/34; SC/ST Act Sections 3(2)(va)); appeal dismissed as not maintainable since cognizance under SC/ST Act taken on 24.09.2025; relies on Bachu Das Vs State of Bihar and others (Cr. Appeal No. 314 of 2014); Prabhat Kumar Singh, J; Oral Order dated 19-03-2026.

What did the court decide?

Considering the law laid down by the Hon'ble Supreme Court in Bachu Das (supra), the instant appeal filed for pre-arrest bail to the appellant is dismissed as being not maintainable. ¶19

Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1892 of 2023

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Arising Out of PS. Case No.-686 Year-2022 Thana- WAJIRGANJ District- Gaya

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

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Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto Son of Dilchand Mahto Resident of Village - Amaithi, P.S.- Wazirganj, District - Gaya.

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... ... Appellant/s

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Versus

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The State of Bihar

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Manti Devi Wife of Bhagwan Das Resident of Village - Amaithi, P.S.Wazirganj, District - Gaya.

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... ... Respondent/s

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

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Appearance : For the Appellant/s : Mr. Shivendra Prasad, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 : Mr. Rohit Raj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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8 19-03-2026

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Heard learned counsel appearing on behalf of appellant, respondent no. 2 and Spl. Public Prosecutor.

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This appeal has been filed against the order dated 16.03.2023 passed by learned Exclusive Special Judge, SC/ST Act, Gaya in ABP No. 33 of 2023 arising out of Wazirganj P. S. Case No. 686 of 2022, registered under Sections 341, 447, 323, 354, 504/34 of the Indian Penal Code and Sections 3(2)(va) of the SC/ST Act, whereby the prayer for anticipatory bail of appellants has been rejected.

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Learned counsel for respondent no. 2 vehemently opposed the bail application and submitted that the instant anticipatory bail is not maintainable as cognizance under SC/ST

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Patna High Court CR. APP (SJ) No.1892 of 2023(8) dt.19-03-2026 2/2

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Act has already been taken against appellant on 24.09.2025 by learned Court below and in this connection, he refers to a decision of the Hon’ble Supreme Court, passed in case of Bachu Das Vs State of Bihar and others , reported in Cr. Appeal No. 314 of 2014 .

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Considering the law laid down by the Hon’ble Supreme court in case of Bachu Das ( supra ), instant appeal filed for pre-arrest bail to the appellant, is dismissed as being not maintainable.

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(Prabhat Kumar Singh, J)

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Navya/-

¶22

U T

Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto v. The State of Bihar

Case brief

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Jageshwar Mahto @ Jageshwar Prasad @ Jagesar Mahto v. The State of Bihar

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