2026:JHHC:923 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No. 594 of 2024 1.Bachi Devi W/o Sukdeo Mahto, aged about 46 years 2.Sukdeo Mahto S/o Jagarnath Mahto, Age 51 years 3.Ravi Mahto @ Kumar Yadav @ Ravi Kumar Yadav, S/o Sukdeo Mahto, Age 22 years 4.Santosh Mahto @ Kumar Yadav @ Santosh Kumar Yadav All Resident of Village-Gobersala, P.O-Patharda, P.S-Sarath (Patharda O.P), District-Deoghar …… Appellants Versus 1.The State of Jharkhand 2.Pushpa Devi W/o Subash Mahra, resident of Village-Gobersala, P.O-Patharda P.S-Sarath (Patharda O.P), Dist-Deoghar …... Respondents --------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD ---------- For the Appellants : Mr. Lakhan Chandra Roy, Advocate For the State : Mr. Gautam Rakesh, APP For the Informant : Mr. Avishek Chandra, Advocate ----------- 13/Dated:14th January, 2026 This Criminal Appeal has been filed on behalf of the appellants who are apprehending their arrest in connection with Sarath P.S. Case No.55 of 2024 instituted for the offences under Sections 341, 323, 325, 307, 504, 506/34 of Indian Penal Code and under Section 3(1)(u), 3(i)(r), 3(1)(s) of SC/ST Act, pending in the Court of learned Additional Sessions Judge-I, Deoghar. 2. As per FIR, the appellants are alleged to have abused and assaulted Saroj Kumar, son of the informant by using caste name when he touched the fruits of their shop. When the informant tried to save her son then she was also abused and assaulted by Sukdeo Mahto (Appellant No.2) on her head by Rod due to which she sustained head injury. When her husband Subash Mahra tried to intervene then Ravi Mahto (Appellant No.3) and Santosh Mahto (Appellant No.4) are alleged to have assaulted her husband also. 2026:JHHC:923 2 3. Learned counsel for the appellants submitted that the appellants are innocent and they have committed no offence. It is submitted that there is a case and counter case for the same date of occurrence between both the sides and Santosh Yadav (i.e.Appellant No.4) has also instituted FIR bearing Sarath P.S. Case No.56 of 2024 against the informant including Saroj Das, the son of the informant assaulted him on his head due to which he sustained head injury and Saroj Das and Subhash Das had thrown the articles and fruit of cash amount of Rs.4,000/- from his shop and other accused had also assaulted. 4. It is submitted that there are three (03) injured persons from the appellant’s side and even the Appellant No.4-Santosh Mahto @ Kumar Yadav @ Santosh Kumar Yadav had sustained head injury. It is submitted that an altercation had taken place on the trivial issued due to village politics. It is submitted that the appellants have not abused the informant and her family members in the name of her caste and even the police have not found the offence under the provisions of SC/ST Act against them and hence the appellants may be enlarged on anticipatory bail. 5. On the other hand, learned APP has opposed the prayer for anticipatory bail. It is submitted that the appellants are named in the FIR for assaulting the informant and her family members brutally. It is submitted that the Appellant No-1, Appellant No.2 and Appellant No.4 have got criminal antecedents. It is submitted that the witnesses namely, Bhopal Mahra and Ashok Mahra, whose statements have been made in para-9 and 10 of the case diary, have supported the prosecution case and hence the prayer for anticipatory bail may be rejected. 6. Learned counsel for the Informant, after adopting the submission of learned APP, has further submitted that there is 2026:JHHC:923 3 appellants have also caused injury to the informant side and they are influential people of the village. It is submitted that even the witnesses Bhopal Mahra and Ashok Mahra, whose statements have been made in para-9 and 10 of the case diary have supported the allegation against the appellants and hence the prayer for anticipatory bail of the appellants may be rejected. 7. Perused the records of this case, case diary and considered the submission of both the sides. 8. It appears from the FIR that Appellant No.2-Sukdeo Mahto is alleged to have assaulted the informant on her head by Rod due to which she sustained head injuries whereas Appellant Nos.3 and 4 namely, Ravi Mahto and Santosh Mahto are alleged to have assaulted her husband-Subhash Mahra. 9. It appears that the informant in para-5 and witnesses namely, Bhopal Mahra and Ashok Mahra, in para-9 and 10 of the case diary, have supported the allegation against the appellants. 10. Para-35 of the case diary reveals that Appellant No.1- Bachi Devi has got one (01) criminal antecedent whereas Appellant No.2-Sukdeo Mahto has got two (02) criminal antecedents and Appellant No.4-Santosh Mahto has got one (01) criminal antecedent but Appellant No.3-Ravi Mahto has no criminal antecedent. 11. Considering the facts that there is a case and counter case between the parties and Appellant No.1-Bachi Devi is a lady and Appellant No.3-Ravi Mahto @ Kumar Yadav @ Ravi Kumar Yadav has got no criminal antecedent, Appellant No.1-Bachi Devi and Appellant No.3-Ravi Mahto @ Kumar Yadav @ Ravi Kumar Yadav are directed to surrender before the learned Court below within a period of six (06) weeks from today and in the event of their arrest or surrender, the Appellant No.1-Bachi Devi 2026:JHHC:923 4 and Appellant No.3-Ravi Mahto @ Kumar Yadav @ Ravi Kumar Yadav are directed to be released on bail on their furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Deoghar in connection with Sarath P.S. Case No.55 of 2024. 12. So far as Appellant No.2-Sukdeo Mahto and Appellant No.4-Santosh Mahto @ Kumar Yadav @ Santosh Kumar Yadav are concerned, they have assaulted the informant and her husband and due to which the informant has sustained head injury. 13. Accordingly, the prayer for anticipatory bail of Appellant No.2-Sukdeo Mahto and Appellant No.4-Santosh Mahto @ Kumar Yadav @ Santosh Kumar Yadav is, hereby, rejected. 14. Thus, this Criminal Appeal (SJ) No.594 of 2024 is allowed in part. (Sanjay Prasad, J.) Dated: 14.01.2026 Saket/-