Bodhhan Mahto @ Bodhan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5280 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- SC/ST District- Lakhisarai ====================================================== 1.
Bodhhan Mahto @ Bodhan Mahto Son of Late Sarju Mahto Resident of Village- Tilokhar, P.S.- Amahara, District- Lakhisarai 2.
Bikash Mahto @ Bikesh Kumar Son of Bodhhan Mahto @ Bodhan Mahto Resident of Village- Tilokhar, P.S.- Amahara, District- Lakhisarai 3.
Nitish Mahto @ Nitish Kumar Son of Bodhhan Mahto @ Bodhan Mahto Resident of Village- Tilokhar, P.S.- Amahara, District- Lakhisarai 4.
Rupesh Kumar @ Rupesh Don @ Rupesh Doun Son of Bodhhan Mahto @ Bodhan Mahto Resident of Village- Tilokhar, P.S.- Amahara, DistrictLakhisarai 5.
Ravindra Singh @ BHG 10885 Ravindra Singh Son of Late Bhajju Singh Resident of Village- Tilokhar, P.S.- Amahara, District- Lakhisarai ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Narsingh Kumar Son of Jai Ram Singh Resident of Village- Bikkam, P.S.- Amahara, District- Lakhisarai ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjeev Kumar, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2025 Heard learned counsel appearing on behalf of appellants and Spl. Public Prosecutor.
2. This appeal has been filed against the order dated 21.10.2024 passed by learned District & Additional Sessions Judge-1st-cum-Special Judge SC/ST, Lakhisarai in connection with Lakhisarai SC/ST P.S. Case No. 75 of 2023, registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and
Patna High Court CR. APP (SJ) No.5280 of 2024(3) dt.15-07-2025 2/2 Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected.
3. As per the prosecution case, on 28.10.2023 at about 10:30 PM, raid was conducted in the house of appellant no. 1 and when informant along with other police officials was returning from the his house, in the meantime, these appellants assaulted the police officials and abused them by caste name.
4. It is submitted on behalf of appellants that appellants are innocent and have committed no offence. Allegation of assault is general and omnibus. Moreover, it is not the case of informant that alleged incident occurred within the public view as such, no offence under SC/ST Act is made out.
5. However, learned Spl. Public Prosecutor appearing for the State vehemently opposed the bail application.
6. Considering the nature and seriousness of accusation, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, which has been filed for grant of anticipatory bail, is hereby rejected. (Prabhat Kumar Singh, J) Navya/- U T