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Patna High Court

Sudheer Mandal @ Sudhir KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellant is entitled to anticipatory bail and the lower court’s order denying it is set aside.

Summary

The Patna High Court considered an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act filed by Sudheer Mandal, who had been denied anticipatory bail by the Additional District and Sessions Judge in a case involving alleged assault, robbery and caste‑based abuse. The prosecution alleged that co‑accused, on the appellant’s orders, assaulted an informant, stole money and caused injuries, invoking several IPC provisions and the SC/ST Act. The appellant argued that he has a clean antecedent, was not directly involved in the assault, and that the allegations were motivated by prior litigation with the informant’s family. The Court observed that the alleged abuse was not in public view, the appellant’s participation was tenuous, and the case appeared to be a false implication. Consequently, the Court allowed the appeal, set aside the order rejecting anticipatory bail, and directed that the appellant be released on bail upon surrender within six weeks with a bond of Rs 10,000 and two sureties, subject to Section 482(2) CrPC conditions.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act in view of the alleged offences.
  • Whether the allegations against the appellant are sufficient to deny bail, considering his clean antecedent and the nature of the alleged involvement.
  • Whether the trial court erred in applying the provisions of the IPC and the SC/ST Act while refusing bail.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes and Scheduled Tribes Act
  • Section 14A
  • Section 482 CrPC
  • caste based violence
  • clean antecedent
  • bail conditions
  • IPC offences

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1388 of 2025
                       Arising Out of PS. Case No.-518 Year-2024 Thana- SUPAUL District- Supaul
                 ======================================================
                 Sudheer Mandal @ Sudhir Kumar S/o Late Viraay Mandal R/o Village- Nagar
                 Parishad Ward No. 28, P.S. and District- Supaul

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Pradeep Paswan S/o Late Upender Paswan R/o Supaul, Ward no.- 28, Tola-
                 Babhani Chakla, P.S.- Supaul, Dist.- Supaul, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ranjay Kumar Singh, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   25-02-2026                    Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State. Although the

                   notice has been validly served upon respondent No.2, there is no

                   representation on his behalf.

                                  2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   05.02.2025 passed by learned Additional District and Sessions

                   Judge, 1st-cum-Special Judge, Supaul in A.B.P. No. 1511 of

                   2024 arising out of Supaul P.S. Case No. 518 of 2024 registered

                   under Sections 126(2), 115(2), 118(1), 109, 308(5), 303(2), 352

                   and 3(5) of B.N.S. and Section 3(1)(r)(s) of Scheduled Castes
Patna High Court CR. APP (SJ) No.1388 of 2025(5) dt.25-02-2026
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          and Scheduled Tribes (Prevention of Atrocities) Act, 1989,

          whereby the prayer for grant of anticipatory bail of the appellant

          has been rejected.

                          3. As per the prosecution case, on 02.08.2024 at

          about 02.30 P.M, while the informant took care of depo, the co-

          accused persons Mithlesh @ Mithu Mandal and Raja Mandal

          along with two other persons riding on motorcycle came to his

          depo and started demanding Rs. 1000/- while hurling caste

          based abuses to him. When the informant objected, the co-

          accused Mithlesh @ Mithu Mandal took out a pistol and pointed

          on him, while two unknown miscreants caught hold of his hands

          and the co-accused Raja Mandal snatched Rs. 7500/-from his

          pocket pointing knife on his abdomen. When he tried to raise

          alarm, the co-accused Raja Mandal inflicted knife blow on the

          head of the informant due to which he sustained injury on his

          right eye and then assaulted with butt of the pistol due to which

          he sustained injury. It is further alleged that when the appellant

          came on motorcycle, the co-accused Raja Mandal returned and

          snatched money. On the order of appellant, the co-accused

          persons abused by taking caste name and beaten badly due to

          which he sustained injury, thereafter they fled away from there.

          The nearby people came there and the informant was taken to
Patna High Court CR. APP (SJ) No.1388 of 2025(5) dt.25-02-2026
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          hospital for treatment.

                          4.    Learned counsel appearing for the appellant

          submits that the appellant, who bears clean antecedent, is

          innocent and has not committed the offence alleged. It is further

          submitted that the allegation of assault is against co-accused

          Mithlesh @ Mitthu Mandal and co-accused Raja Mandal and

          the appellant has been shown to be present at the spot alleging

          that he was handed over the snatched money and the allegation

          of abuse is not within public view. Learned counsel for the

          appellant has further submitted that in fact he has been falsely

          implicated through such allegation as the wife of the appellant

          has previously filed in complaint case bearing Complaint Case

          No. 876 of 2024 against the informant and his family members

          and hence false allegation has been levelled against the

          appellant.

                          5. Learned Special Public Prosecutor for the State

          has vehemently opposed the prayer for grant of anticipatory bail

          to the appellant.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellant bears clean

          antecedent, coupled with the fact that the appellant has not

          assaulted the informant’s side in any manner and the allegation
           Patna High Court CR. APP (SJ) No.1388 of 2025(5) dt.25-02-2026
                                                        4/4




                     against him appears to be on the backdrop of previous litigation

                     between the parties and alleged abuse not having been made

                     within the public view, let the above named appellants let the

                     above named appellant, in the event of his arrest/surrender

                     within a period of six weeks, be released on bail on furnishing

                     bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the

                     like amount each to the satisfaction of the learned Additional

                     District and Sessions Judge, 1st-cum-Special Judge, Supaul in

                     connection with Supaul P.S. Case No. 518 of 2024 subject to the

                     conditions laid down under Section 482(2) of the B.N.S.S.

                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 05.02.2025 rejecting the prayer for grant

                     of anticipatory bail to the appellant is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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