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Patna High Court

Mahesh MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the appellant is released on bail.

Summary

Mahesh Mandal appealed against the refusal of bail granted by the ADJ Special Court under the SC/ST (Prevention of Atrocities) Act in connection with a murder case where the complainant's husband was allegedly shot on Mandal's orders. The prosecution alleged that Mandal ordered the firing that caused the death and that he, along with others, threatened the complainant to withdraw a prior case. The appellant contended that he was only an alleged order‑giver, not the principal assailant, and that the allegations were fabricated. The High Court examined whether the bail refusal was justified given the nature of the accusations and the appellant's custody status. It set aside the lower court’s order, granted bail on a bond of Rs.10,000 with two sureties, and allowed the appeal.

Issues considered

  • Whether the appellant, alleged to have given the order for the shooting, is entitled to bail under the SC/ST (Prevention of Atrocities) Act and related statutes.
  • Whether the allegations against the appellant constitute sufficient ground to deny bail.
  • Whether the lower court erred in refusing bail in view of the appellant's custodial status and the nature of the charges.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste violence
  • murder
  • arms act
  • criminal procedure
  • order-giving liability
  • judicial custody

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.2890 of 2025
                 Arising Out of PS. Case No.-128 Year-2025 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Mahesh Mandal S/o- Late Rajpati Mandal Village- Manigram Totaha PS-
                 Bariarpur, Dist- Munger (wrongly stated in FIR i.e. R/o Village- Maheshpur
                 Silha P.S.- Mufassil Dist- Munger.)

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Rani Kumari W/o- Late Rabish @ Rabo Paswan R/o Village- Maniyarchak
                 Silha P.S.- Mufassil Dist- Munger

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Shashi Saurabh, Advocate
                 For the Complainant    :        Mr. Rabi Bhushan, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   15-01-2026                 Heard learned counsel for the appellant, learned

                   counsel for the Complainant and learned Spl. P.P. for the State.

                               2. This is an appeal under Scheduled Castes and

                   Scheduled Tribes (Prevention of Atrocities) Act, 1989

                   (hereinafter referred to as the “SC/ST Act”) against the refusal

                   of prayer for bail vide order dated 25.06.2025 passed by the

                   learned A.D.J. 1st cum Special court of S.C./S.T. (PoA) Act,

                   Munger in connection with Muffasil P.S. Case No. 128 of 2025

                   registered for the offences punishable under Sections 61(2),

                   126(2), 127(2), 103(2), 351(2), 303(2) & 3(5) of the Bharatiya

                   Nyaya Sanhita and under Section 27 of the Arms Act as well as

                   Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of the SC/ST (PoA)
Patna High Court CR. APP (SJ) No.2890 of 2025(5) dt.15-01-2026
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          Act.

                       3. The case of the prosecution, in brief, is that on

          21.04.2025 at about 07:45 P.M., the husband of the complainant

          Rabish @ Rabo Paswan went with Amit Kumar to the house of

          Amresh Poddar on the call of Chotu Paswan where several

          accused persons surrounded him and on the order of Mahesh

          Mandal, Chotu Mandal fired at him causing his death. It is also

          alleged that the accused persons have earlier threatened and

          abused him by caste name and has also threatened to withdraw

          the earlier case.

                       4. Learned counsel for the appellant submits that the

          allegation against the appellant is only that of order giving. He

          is not the main assailant. It has also been submitted that the

          appeal of co-accused Manju Devi has been allowed by the

          learned Co-ordinate Bench vide Cr. App.(SJ) No. 2954 of 2025.

                       5.    Countering        this,    learned   counsel   for   the

          Complainant has submitted that there is allegation against the

          appellant that he has ordered and on his order Chotu has fired at

          the husband of the complainant and that there is also allegation

          that he along with other accused persons have threatened the

          complainant for withdrawing the earlier case.

                       6. Learned counsel for the appellant has submitted
            Patna High Court CR. APP (SJ) No.2890 of 2025(5) dt.15-01-2026
                                                         3/3




                      that the allegations levelled against the appellant are false and

                      fabricated. Learned counsel has lastly submitted that the

                      petitioner is in judicial custody since 23.04.2025.

                                    7. In view of the submissions made by the learned

                      counsel for the appellant, the order dated 25.06.2025 passed by

                      the learned A.D.J. 1st cum Special court of S.C./S.T. (PoA) Act,

                      Munger in connection with Muffasil P.S. Case No. 128 of 2025

                      is hereby set aside and the appellant above-named, be released

                      on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned court of A.D.J. 1st cum Special court

                      of S.C./S.T. (PoA) Act, Munger in connection with Muffasil P.S.

                      Case No. 128 of 2025.

                                      8. Accordingly the appeal stands allowed.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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