IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3900 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== 1. Baleshwar Mahto @ Vinod Mahto S/O Gangai Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani 2. Shiva Mahto S/O Late Bhaglu Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani 3. Roushan Kumar S/O Raju Kumar Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani 4. Bindeshwar Mahto S/O late Bhaglu Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani 5. Gopal Kumar s/O Gangai Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani 6. Lallo Mahto @ Lalo Mahto @ Lalu Mahto S/O Gangai Mahto R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani ... ... Appellant/s Versus 1. The State of Bihar 2. Shankar Ram S/O Late Rami Ram R/O Village- Dhanauja, P.S.- Phulparas, District- Madhubani ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Ravi Prakash, Advocate Mr.Gagandev Yadav, Advocate Mr.Udeshya Kr. Yadav, Advocate Mr.Vinod Kumar, Advocate For the Respondent/s : Mr.Sadanand Paswan, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 4 16-04-2026 Heard learned counsels for the appellants and learned Spl. PP for the State. 2. The appellants have preferred this appeal under Section 14(A)(2) of the SC/ST Act against the rejection of their prayer for pre-arrest bail vide order dated 13.08.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Patna High Court CR. APP (SJ) No.3900 of 2025(4) dt.16-04-2026 2/4 SC/ST Act, Madhubani, in SC/ST Phulparas P.S. Case No. 118 of 2025, registered under Sections 126(2),115(2),118(1),110,117(2),352,76,303(2),3(5) of the BNS and Section 3(i)(r),3(i)(s) of the SC/ST Act. 3. As per the allegations made in the F.I.R., due to a land dispute, the appellants allegedly abused the informant by caste name, assaulted him and his family members. 4. Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in the present case. The appellants have no concern with the alleged occurrence. The allegations levelled against the appellants are not specific but are general and omnibus in nature. The F.I.R. contains no specific allegations of assault or caste-based abuse against the appellants except appellant Lalu Mahto, the rest is omnibus in nature. The alleged occurrence took place in the private courtyard of the informant, not within public view, and no independent witnesses have been named. The dispute arises out of a land dispute between the parties, the land belonging to the appellants, and upon protest against attempted encroachment by the informant, the present case has been instituted. The injuries of the informant’s side are simple in nature, while persons from the appellants’ side also sustained injuries in the Patna High Court CR. APP (SJ) No.3900 of 2025(4) dt.16-04-2026 3/4 same occurrence, indicating a case of mutual altercation, and as such, the bar under Section 18 of the SC/ST Act is not attracted in the facts of the present case. The appellants have no criminal antecedents. 5. Learned Special Public Prosecutor for the State has opposed the prayer for grant of bail to the appellants. 6. Having heard the rival submissions and upon perusal of the record, it appears that the case arises out of a property dispute and the allegations of caste-based abuse against most of the appellants are general and omnibus in nature. The alleged occurrence took place in a private courtyard, not within public view, and the injuries are simple in nature. In such circumstances, the impugned order dated 13.08.2025 is quashed and set-aside as the bar under Section 18 of the SC/ST Act is not attracted. 7. Appellants have, prima facie, made out a case that the assault is not attributable to them. In absence of specific allegation against the appellants the learned Trial Court is directed to release the appellants on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like Patna High Court CR. APP (SJ) No.3900 of 2025(4) dt.16-04-2026 4/4 amount each to the satisfaction of the learned District Court where the case is pending, in connection with SC/ST Phulparas P.S. Case No. 118 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS. 8. Accordingly, the present appeal is allowed. Ashishsingh/- (Purnendu Singh, J) U T