IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2136 of 2026 Arising Out of PS. Case No.-38 Year-2025 Thana- SC/ST District- Madhubani ====================================================== 1. Bhogendra Mahto @ Bhogi Mahto S/O Ram Adin Mahto Resident of Village- Barkurwa Selibeli, P.S. Basopatti, District Madhubani 2. Amit Kumar Mahto @ Amit Mahto Son of Bhogendra Mahto. R/O Village- Barkurwa Selibeli, P.S.-Basopatti, District-Madhubani. ... ... Appellant/s Versus 1. The State of Bihar 2. Gauri Shankar Mandal S/O Khidan Mandal R/O Vill.- Barkurwa Selibeli, P.S.-Basopatti, District-Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shailendra Kumar Jha, Adv. For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 13-08-2026 1. Heard learned counsel for the appellants, learned Special P.P. Mr. Binay Krishna and the learned counsel appearing on behalf of the informant. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 08.10.2025 in A.B.P. No. 1619 of 2025, passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani in connection with Madhubani SC/ST P.S. Case No. 38 of 2025 registered under Sections 191(2), 191(3), 115(2), Patna High Court CR. APP (SJ) No.2136 of 2026(3) dt.13-08-2026 2/4 333, 76, 117, 109, 241, 352, 351(2) of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants submits that there is a delay of 146 days in filing the appeal, for which, a limitation application has been filed. 4. In view of the grounds taken in the limitation application, delay of 146 days in filing the appeal is condoned. 5. Accordingly, I.A. No.1 of 2026 is allowed. 6. Learned counsel for the appellants submits that appellants have antecedent of one case and the informant alleges that on 21.05.2025 at 9 A.M. the accused persons including the appellants came to his house and started abusing and dragged the informant out of the house and thereafter with an intention to kill, Rajgir assaulted repeated by lathi and when wife of the informant Arulia Devi and his mother Shivasti Devi came to save him, when Bhogi Mahto tried to outrage the modesty of his wife and Ram Prit Mahto dashed her mother on the ground and Amit jumped twice upon her waist causing fracture. 7. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the Patna High Court CR. APP (SJ) No.2136 of 2026(3) dt.13-08-2026 3/4 informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that occurrence is dated 21.05.2025 and the FIR came to be instituted on 07.06.2025, based on written application of the informant. It is thus submitted that the FIR came to be instituted after a delay of more than 17 days. It is further submitted that had the mother of the informant assaulted in the manner as alleged, for which, the informant claims that she was treated in a hospital, in that event, the hospital would have informed the police that a case of assault is reported or the informant would have immediately instituted an FIR but then delay in instituting the FIR casts an aspersion on the case of the prosecution. 8. Learned Special Public Prosecutor and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the appellants that there is a delay of more than 17 days in instituting the FIR, which casts an aspersion on the case of the prosecution. 9. Considering the submissions of the learned counsel appearing on behalf of the appellants, the order impugned is set aside. Let the appellants, above named, in the event of their Patna High Court CR. APP (SJ) No.2136 of 2026(3) dt.13-08-2026 4/4 arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS. 10. Accordingly, the impugned order is set aside and this appeal stands allowed. amit/- (Satyavrat Verma, J) U T