PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Ganauri Mahto – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL APPEAL (SJ) No.1054 of 2024 | CRIMINAL APPEAL (SJ) No. 975 of 2024 | CRIMINAL APPEAL (SJ) No. 995 of 2024
| Table of Content |
|---|
| 1. specific allegations and allegations of general assault examined. (Para 5 , 6) |
| 2. granting bail with conditions following overturned order. (Para 8 , 9) |
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 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
1st ADJ, Jehanabad, in connection with Hulasganj P.S. Case No.
200 of 2023.
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