NAGE MAHTO ALIAS NAGESHWAR MAHTO v. THE STATE OF JHARKHAND
Cr.A(SJ)/567/2025 · 2026-02-04
Sanjay Prasad
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 9058 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9058 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 567 of 2025
….
Nage Mahto @ Nageshwar Mahto, aged about 44 years, son of Lilu Mahto, resident of House No. 392, Badhi Tola, P.O. Kundru Kalan, P.S. Ramgarh, District- Ramgarh. ……Appellant
Versus
1. The State of Jharkhand
2. Parmeshwar Karmali, S/o late Meghu Karmali, R/o- Barki Dundi, Chamaridera, Karma, Mandu Kujju, P.O., P.S. & Dist.- Ramgarh.
..…Respondents -----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellant : Mr. Anish Anand, Advocate
For the State : Mrs. Vandana Bharti, A.P. P.
For the Informant : Md. Zaid Ahmad, Advocate
……
ORAL ORDER IN COURT
06/04.02.2026 The Present Criminal Appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant for grant of anticipatory bail who is apprehending his arrest in connection with Ramgarh SC/ST P.S. Case No. 08 of 2021 for the offences under Sections 147, 148, 149, 341, 323, 324/34 of I.P.C. and Section 3(i)(r) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, which pending in the Court of Sri Vishal Srivastava, learned
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Additional Sessions Judge 1st -cum-Special Judge, SC/ST (POA) Act, Ramgarh.
2. As per FIR, the appellant and other co-accused persons are alleged to have entered into the land of the informant and alleged to have abused him with caste name and assaulted the Informant.
3.
Learned counsel for the appellant has submitted that the appellant is innocent and has not committed any offence. It is submitted that the appellant is alleged to have abused the Informant by taking the name of his caste and insulted him, but there is no such evidence on record that the appellant had uttered such type of words.
4. It is submitted that the similarly situated co-accused, namely, Shibu Mahto @ Shiv Shankar Mahto, Surendra Mahto @ Surendra Kumar Mahto and Dhaneshwar Mahto in Cr. Appeal (SJ) No. 894 of 2023 vide order dated 11.03.2025 have been granted anticipatory bail by the Co-ordinate Bench (Justice Navneet Kumar, as then his Lordship was) of this Court. It is submitted that in view of the above, the appellant may be enlarged on anticipatory bail.
5. On the other hand, learned counsel for the State has opposed the prayer for anticipatory bail of the appellant and
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submitted that offence has been committed under the Provisions of SC/ST Act and hence necessary order may be passed.
6.
Learned counsel for the Informant has opposed the prayer for bail of the appellant and submitted that the witnesses have fully supported the case of the Informant and injury was found on the person of the Informant and the said injury report is the part of the case diary.
7. Perused the FIR and the case diary.
8. It appears that the dispute is with regard to Gair Mazurwa Land.
9. It appears that there are nine persons named in the FIR.
10. It appears that three co-accused persons namely, Shibu Mahto @ Shiv Shankar Mahto, Surendra Mahto @ Surendra Kumar Mahto and Dhaneshwar Mahto in Cr. Appeal (SJ) No. 894 of 2023 have been granted bail vide order dated 11.03.2025 by the Co-ordinate Bench (Justice Navneet Kumar, as then his Lordship was) of this Court.
11. Accordingly, the appellant namely, Nage Mahto @ Nageshwar Mahto is directed to surrender before the learned Court below within a period of six (06) weeks from the date of this order and in the event of his surrender or arrest, the appellant namely, Nage Mahto @ Nageshwar Mahto is directed to be released on
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bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of Sri Vishal Srivastava, learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST (POA) Act, Ramgarh or his Successor Court in connection with Ramgarh SC/ST P.S. Case No. 08 of 2021, subject to the condition that he will not threaten the Informant, failing which, the Informant will be at liberty to take steps for cancellation of his anticipatory bail and also subject to the conditions as laid down under Section 482 (2) of B.N.S.S.
12. The order dated 18.06.2025 passed by Sri Vishal Srivastava, learned Additional Sessions Judge 1st-cum-Special Judge, SC/ST (POA) Act, Ramgarh in Anticipatory Bail Petition No. 261 of 2025, arising out of Ramgarh SC/ST P.S. Case No. 08 of 2021 is, hereby, set aside and thus, Cr. Appeal (S.J) No. 567 of 2025 is allowed.
(Sanjay Prasad, J.)
Dated: 04.02.2026
RKM/