Created by Fuzzy Cloud

Patna High Court

Ashok kumar @ Suresh MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court set aside the trial court’s acquittal judgment and remitted the case for a fresh trial.

Summary

The appellant, Ashok Kumar, appealed the acquittal of eleven accused persons in a 1998 shooting case arising from a land dispute. The trial court had acquitted the accused on charges under Sections 307/34 IPC and Section 27 Arms Act, but the appellant alleged that the judgment erroneously discussed evidence from another case and contained clerical errors that were later corrected after the judgment was signed. The High Court examined the trial court’s record, found that the presiding officer had improperly incorporated material from a different case and had altered the judgment post‑signature, thereby compromising the integrity of the decision. Consequently, the High Court set aside the acquittal without addressing the merits and remitted the matter to a different trial court for a fresh judgment, directing that the accused remain on bail. The Court also noted repeated administrative lapses by the Additional Sessions Judge and directed that the matter be placed before the Chief Justice for further administrative action.

Issues considered

  • Whether the trial court's acquittal judgment is vitiated by the inclusion of evidence and paragraphs pertaining to a different case.
  • Whether clerical and post‑signing corrections to the judgment constitute a ground for setting aside the acquittal.
  • Whether the High Court can remit the case for fresh trial without examining the substantive merits.

Legislation cited

Subjects

  • acquittal
  • judicial error
  • clerical error
  • remand
  • bail
  • criminal procedure
  • IPC sections
  • Arms Act
  • administrative misconduct

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.1062 of 2024
       Arising Out of PS. Case No.-135 Year-1998 Thana- NATHNAGAR District- Bhagalpur
     ======================================================
     Ashok Kumar @ Suresh Mandal S/O Late Chandradeo Prasad Sharma @
     Chulhai Mandal R/O Village- Raghopur, ward no 01, P.S- Nath Nagar,
     District- Bhagalpur
                                                         ... ... Appellant
                                   Versus
1.    The State of Bihar
2.   Pappu Mandal S/O Late Surya Narayan Mandal R/O Village- Raghopur, P.S-
     Nath Nagar, Distt.- Bhagalpur.
3.   Ajay Mandal S/O Late Surya Narayan Mandal R/O Village- Raghopur, P.S-
     Nath Nagar, Distt.- Bhagalpur.
4.   Shankar Mandal S/O Late Surya Narayan Mandal R/O Village- Raghopur,
     P.S- Nath Nagar, Distt.- Bhagalpur.
5.   Shashi Mandal S/O Late Jago Mandal R/O Village- Raghopur, P.S- Nath
     Nagar, Distt.- Bhagalpur.
6.   Govind Mandal S/O Ram Mandal R/O Village- Raghopur, P.S- Nath Nagar,
     Distt.- Bhagalpur.
7.   Shovin Mandal @ Shobhan Mandal S/O Ram Mandal R/O Village-
     Raghopur, P.S- Nath Nagar, Distt.- Bhagalpur.
8.   Raj Kumar Mandal S/O Late Bhola Mandal R/O Village- Raghopur, P.S-
     Nath Nagar, Distt.- Bhagalpur.
9.   Janta Mandal S/O Late Dasu Mandal R/O Village- Raghopur, P.S- Nath
     Nagar, Distt.- Bhagalpur.
10. Bhim Mandal @ Bhima Mandal S/O Late Dasu Mandal R/O Village-
    Raghopur, P.S- Nath Nagar, Distt.- Bhagalpur.
11. Ghanshyam Mandal S/O Late Uzaran Mandal R/O Village- Raghopur, P.S-
    Nath Nagar, Distt.- Bhagalpur.
12. Ram Mandal S/O Late Hansu Mandal R/O Village- Raghopur, P.S- Nath
     Nagar, Distt.- Bhagalpur.
                                                     ... ... Respondent
    ======================================================
     Appearance :
     For the Appellant/s      :      Mr. Ranjan Kumar Jha, Advocate
     For the Resp. Nos. 2 to 12:     Mr. Vijay Shankar Upadhyay, Advocate
     For the State            :      Mr. Abhimanyu Sharma, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                           and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 31-03-2026
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           2/11




                    Heard learned counsel for the appellant, learned counsel

       for the respondents no. 2 to 12 and learned Additional Public

       Prosecutor for the State.

                    2. This appeal has been preferred for setting aside the

       judgment dated 08.07.2024 passed by learned Additional Sessions

       Judge-IV, Bhagalpur (hereinafter referred to as ‘learned Trial

       Court’) in Sessions Trial No.1566 2004, arising out of Nath Nagar

       P.S. Case No.135 of 1998, wherein and whereby the learned Trial

       Court has acquitted the respondents no.2 to 12 of all the charges,

       i.e. under Sections 307/34 of the Indian Penal Code (hereinafter

       referred to as ‘IPC’) and Section 27 of the Arms Act.

                    3. At the outset, learned counsel for the respondents no.2

       to 12 as well as learned Additional Public Prosecutor for the State

       admit that respondent no. 12 has died. There is also a report of

       Sarpanch, Village Court-Raghopur, Block-Nathnagar, District-

       Bhagalpur, regarding death of respondent no.12, vide letter

       no.05.2025 dated 17.03.2025.

                 4. In that view of the matter, let the name of the respondent

       no.12 be expunged/deleted from the array of the parties.

                    5. The prosecution case, based on fardbeyan of the

       informant, Suresh Mandal (PW-4), is that on 23.07.1998 at about

       04:00 p.m., the informant was sitting in front of his door, in the

       meantime, Shankar Mandal fired upon the informant by gun,
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           3/11




       which hit upon palm of left hand. Thereafter, all accused persons-

       respondents no.2 to 12 came armed with musket and surrounded

       the house of the informant. Surya Narayan Mandal was saying to

       kill the informant. After firing, all the accused persons fled away.

       The informant stated that land dispute is going on regarding which

       a Title Case is going on in Bhagalpur Court.

                    6. It appears that after investigation of the case, police

       submitted       charge-sheet        bearing      Charge-sheet   No.139/1998

       showing sufficient materials to proceed against the accused

       persons for the offences punishable under Sections 147, 148, 149,

       324 and 307 of the IPC as also under Section 27 of the Arms Act.

       Accordingly, the learned C.J.M., Bhagalpur took cognizance of the

       offences and         finding that one of the allegations against the

       respondents is that of attempt to murder and the said offence is

       triable by a Court of Sessions, the learned Magistrate committed

       the records to the Court of Sessions on 29.11.2004, where the

       Sessions Trial No.1566/2004 was registered and charges were

       explained to accused persons, which they denied and claimed to be

       tried. Accordingly, learned Trial Court framed charges vide order

       dated 06.05.2005 under Section 307/34 of IPC and Section 27 of

       Arms Act.

                    7. In the Trial Court the prosecution has examined, as

       many as, nine witnesses. Thereafter, the statement of the accused
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           4/11




       was recorded under Section 313 of the Code of Criminal

       Procedure (Now Section 351 of the Bharatiya Nagarik Suraksha

       Sanhita).

                    8. The defence has examined two witnesses and also

       exhibited certain documentary evidences.

                    9. In the nature of judgment we are going to pass, the

       description of the name of the witnesses and the documents

       adduced by the parties as evidence in course of trial are not

       required to be recorded.

                    10. It appears that by the impugned judgment, the

       learned Trial Court acquitted all the accused persons of the charges

       framed against them. The present appeal has been preferred

       against the said judgment.

                    11. On 30.09.2024, when the appeal was taken up for

       consideration, this Court passed the following order:

                                “Learned counsel for the appellant submits that it
                                would appear from the discussions made in the
                                impugned judgment that the accused persons in this
                                case were facing charges under Section 307/34 of
                                IPC and Section 27 of the Arms Act but the learned
                                trial court has instead of discussing the evidences of
                                the witnesses adduced in this case, has discussed the
                                evidences of some other case in which the accused
                                was facing a charge under Section 302 of IPC. It is
                                submitted that grave injustice has been caused to the
                                appellant of this case by not considering the materials
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           5/11




                                available on the record of this case before the learned
                                trial court.
                                2. Issue notices to respondent Nos. 2 to 12 through
                                both by ordinary process as well as under registered
                                cover with A/D for which requisites etc. must be filed
                                within two weeks from today.
                                3. Call for the trial court’s records in connection with
                                S. Tr. No. 1566 of 2004 arising out of Nath Nagar
                                P.S. Case No. 135 of 1998 from the court of learned
                                Additional Sessions Judge-IV, Bhagalpur.
                                4. We also think it just and proper to call for a report
                                from the trial court’s in the light of the submissions
                                of the appellant noted hereinabove.
                                5. List this case after service of notice on respondent
                                Nos. 2 to 12 with the records or on 28.11.2024
                                whichever is earlier, under appropriate heading.”


                    12. It appears that after receipt of the order dated

       30.09.2024, the then Additional Sessions Judge-IV, Bhagalpur,

       informed this Court vide letter no.82/2024 dated 16.10.2024 as

       under:

                                                  “Letter No. 82/2024
                                From : Rakesh Ranjan Singh
                                          Additional Sessions Judge-IV
                                          Bhagalpur
                                To,
                                        The Assistant Registrar
                                        Patna High Court
                                        Sub: Regarding send the LCR of S.T. No.
                                        1566 of 2004 A/o Nath Nagar P.S. Case No.
                                        135 of 1998 and report in compliance of
                                        order dt. 30.09.2024 of Our Hon’ble Patna
                                        High Court in Cri. Appeal (DB) No. 1062 of
                                        2024.
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           6/11




                                                              Bhagalpur, Date: 16.10.2024
                                Sir,
                                                  This is with reference to the captioned
                                        subject      matter.      The    LCR     of    the
                                        abovementioned case is called for vide order
                                        Dt. 30.09.2024 of our Hon’ble Patna High
                                        Court in Cr. Appeal (D.B.) No. 1062 of 2024
                                        (3) along with a report in the light of
                                        submissions of the Ld Counsel of the appellant.
                                        In compliance of the abovementioned order of
                                        our Hon’ble High Court I am sending the LCR
                                        of abovementioned case as well as the required
                                        report. The Ld. Counsel has submitted before
                                        the Hon’ble Court that the Court of ADJ-IV,
                                        Bhagalpur has decided the present case on the
                                        basis of discussion on the evidence of another
                                        case. In this regard I have to submit that the
                                        judgement in this case by the ADJ-IV,
                                        Bhagalpur is based on the evidences on record
                                        in the present case only but during the printing
                                        of the final judgement of this case some paras
                                        of one previously decided case by the ADJ-IV,
                                        Bhagalpur was inadvertently pasted in the copy
                                        of the judgement of the present case due to
                                        machine error as well as clerical error, which
                                        was corrected after having information of the
                                        said mistake vide order dt. 22.08.2024 in S.T.
                                        No. 1566/2024, since the said error was purely
                                        human error and clerical in nature.
                                                  Hence the above is submitted along
                                        with the LCR of S.T. No. 1566/2004 with
                                        request to place before the Hon’ble Court for
                                        perusal and needful.
                                                                   Yours Faithfully
                                                                                Sd/-
                                                         (RAKESH RANJAN SINGH)
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           7/11




                                                         Additional Sessions Judge-IV
                                                                       Bhagalpur”


                    13.    It is evident that instead of accepting his gross

       negligence in not going through the draft judgment before signing

       the same, the learned Presiding Officer went on explaining the

       mistake by saying that during the printing of the final judgment of

       the case some paras of one previously decided case by the ADJ-IV,

       Bhagalpur was inadvertently pasted in the copy of the judgment of

       the present case due to machine error as well as clerical error. We

       refuse to accept this statement of the then learned Additional

       Sessions Judge-IV, Bhagalpur.

                    14. Further, we find that in his letter, he has stated that

       the errors have been corrected after having information of the said

       mistake      vide     order     dated      22.08.2024     in   Sessions      Trial

       No.1566/2004. We have noticed that the learned Trial Court has

       again committed mistake at this stage by amending its judgment

       under appeal after signing of the judgment as no Court had

       become functus officio and could not have amended the judgment

       by replacing the previous paragraphs by new paragraphs. It seems

       that the learned Court acted on the basis of a petition filed on

       behalf of the learned Additional Public Prosecutor Sri. PL Yadav

       that he found some typographical error in the judgment copy of the

       present case and the portion of judgment of anyother case is
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           8/11




       typed/copied in the copy of the judgment of the present case,

       which is required to be corrected. Even at this stage, the Trial

       Court did not think it just and proper to give notice to the accused

       persons or the informant. Only later on, the Trial Court directed

       the office to inform both the sides of the case about this order so

       that they may apply a fresh copy of the certified copy. Fact

       remains that the informant/appellant had already obtained the

       certified copy of the judgment on 08.08.2024 itself and preferred

       the appeal before this Court on 30.08.2024.

                    15. We have found that even as the Trial Court took

       upon itself to make corrections in the judgment, again the Trial

       Court erred in recording paragraph-20 of the judgment which

       reads as under:

                                “20. Ld. A. P. P. on behalf of the State has submitted
                                that altogether nine prosecution witnesses have been
                                examined in this case including the informant,
                                medical officer and I. O. out which almost all the
                                prosecution witnesses have supported the prosecution
                                case during their evidence. The prosecution has also
                                produced and marked five documentary evidences
                                including postmortem report, death inquest report,
                                formal F. I. R. and charge-sheet. The prosecution has
                                successfully able to prove the chain of circumstances
                                against the accused persons to prove their guilt.
                                Hence, prosecution has been able to prove it's
                                charges as leveled against the accused persons.”
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           9/11




                    16. On perusal of the records, we find that in paragraph-

       20 again incorrect/wrong facts, may be of an another case, are

       stated.

                    17. Learned counsel for the accused-respondents no.2 to

       11 as well as learned Additional Public Prosecutor for the State

       submit that this is a gross mistake and shake the confidence of the

       Stake-holders. The learned Trial Court has not only proceeded to

       carry on the corrections on his own by deleting and adducing

       several paragraphs in the judgment rather once again the errors of

       identical nature have crept into in the impugned judgment.

                    18. Having regard to the afore-mentioned admitted

       position that the learned Presiding Officer at first instance passed

       the impugned judgment by recording the evidences of an another

       disposed off case and subsequently did not hesitate in deleting

       certain paragraphs from the said judgment and in adding fresh

       paragraphs in the judgment, we set aside the impugned judgment

       dated 08.07.2024 of the learned Trial Court without entering into

       the merit of the case.

                     19. The records are remitted to the learned Trial Court

       to pass a fresh judgment after giving an opportunity of

       hearing/submissions to all the parties.

                    20. The learned Principal District and Sessions Judge,

       Bhagalpur shall assign the appeal to a learned Trial Court presided
Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                           10/11




       over by any other District and Additional Sessions Judge or he

       may himself hear the matter. The entire exercise be concluded

       within a period of three months from the date of receipt of a copy

       of this order.

                    21. Since we have set aside the judgment of acquittal

       and are remitting the matter for passing fresh judgment, the

       accused (respondents no.2 to 11), who were earlier on bail shall

       continue to remain on bail on the same bail bond.

                    Gross acts of omission- action in administrative side

       to be considered

                    22. Having come across the kind of gross act of

       omission by the then Additional Sessions Judge-IV, Bhagalpur, we

       are of the considered opinion that the matter is required to be

       placed before the Hon’ble Chief Justice for taking an appropriate

       view of the matter. This has become all the more necessary as Mr.

       Ranjan Kumar Jha, learned counsel for the appellant has placed

       before us one order passed by the same Presiding Officer in

       (Anticipatory Bail Application No.2559/2024), arising out of

       Pirpainti P.S. Case No.164/2016 registered under Section 394 of

       IPC. It is stated that while considering the anticipatory bail

       application in the case of Md. Rahul @ Khidir @ Md. Rahu Sekh

       vs. State of Bihar, on 13.11.2024 an identical error has occurred in

       the order as the learned Presiding Officer has discussed some other
             Patna High Court CR. APP (DB) No.1062 of 2024 dt.31-03-2026
                                                        11/11




                    case by mentioning the description of case as Antichak P.S. Case

                    No.68/2024 for the offence punishable u/s 341, 323, 498(A), 504,

                    506 of IPC. This shows the regular phenomena of the Court

                    presided over by this officer, it prima facies gives an impression

                    that the Presiding Officer is not discharging his duties as a judicial

                    officer with due diligence and care. He is not perusing the draft

                    judgment/order before putting his signature thereon. It seems

                    necessary to consider the matter in administrative side.

                                 23. We make it clear that out observations as regards the

                    conduct of this officer is prima facie. In case the matter proceeds

                    in administrative side the same will remain uninfluenced by the

                    observations of this Court in this part of the judgment.

                                 24. The records be placed, accordingly, before the

                    Hon’ble Chief Justice.


                                                         (Rajeev Ranjan Prasad, J)


                                                             (Soni Shrivastava, J)
anand/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date           02.04.2026
Transmission Date        02.04.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.