Patna High Court
Sudheer Mandal @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 303(2), 308(5), 3(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(s)
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
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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
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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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