Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court set aside the lower court’s denial of bail and granted bail to the appellants.
Summary
The appellants Ramesh Mandal, Md Aftab Alam and Manish Kumar appealed the denial of bail in a case (Jhandapur PS Case No. 64 of 2025) under Sections 137(2) and 140(1) of the B.N.S. and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused abducted and threatened the complainant’s husband, relying mainly on the victim’s statements and a confessional statement of a co‑accused. The defence argued that the appellants were not named in the FIR; their alleged involvement stemmed only from the co‑accused’s confession, and they had no prior criminal record. The High Court, after considering the lack of direct evidence against the appellants, set aside the lower court’s orders rejecting bail and granted bail on the condition of a Rs 10,000 bond with two sureties each. The orders dated 23‑06‑2025 and 02‑07‑2025 were vacated.
Issues considered
- Whether bail can be denied when the accused are not named in the FIR and the only incriminating material is a co‑accused’s confessional statement.
- Whether the provisions of Sections 137(2), 140(1) of the B.N.S. and Section 3(2)(va) of the SC/ST Act justify a denial of bail.
Legislation cited
- B.N.S. — s. 137(2), 140(1), 180, 183
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- bail
- criminal procedure
- SC/ST Act
- false implication
- confessional statement
- sections 137 140 3(2)(va)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2924 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur
======================================================
Ramesh Mandal S/o Late Haricharan Mandal R/o Village- Gopalpur, Mangal
Basa, Ward No. 11, P.S.- Udakishunganj, Dist.- Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Bataso Devi W/o Punjabi Ravidas R/o Village- Jairampur, P.S.- Bihpur,
Dist.- Bhagalpur
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 2998 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur
======================================================
Md Aftab Alam S/o Md jabbar Resident of Village- Kalasan ward no 04, P.S.-
Chousa, Distt- Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Bataso Devi W/o Punjabi Ravidas R/o Vill. - Jairampur, P.S.- Jhandapur,
Dist.- Bhagalpur
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3170 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur
======================================================
Manish Kumar S/O Arun Sah @ Arun Kumar Residnet of Village- Kalasan,
Ward No. 04, P.S.- Chousa, District- Madhepura.
... ... Appellant/s
Versus
1. The State of Bihar
2. Bataso Devi W/O Punjabi Ravidas R/O Village- Jairampur, P.S- Bihpur,
Dist.- Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 2924 of 2025)
For the Appellant/s : Mr. Davendra Kumar Pandey, Advocate
Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026
2/4
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 2998 of 2025)
For the Appellant/s : Mr. Swapnil Kumar Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 3170 of 2025)
For the Appellant/s : Mr. Swapnil Kumar Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the appellants and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellants
against the order dated 23.06.2025, 02.07.2025 and 23.06.2025
respectively passed by learned District and Additional Sessions
Judge-III-cum-Special Judge SC/ST (POA) Act, Bhagalpur
whereby the prayer for bail of the appellant in connection with
Jhandapur P.S. Case no. 64 of 2025 under Sections 137(2),
140(1) of B.N.S. and Section 3(2) (va) of SC/ST Act was
rejected.
3. The case of the prosecution is that as the
respondent/complainant was having rest at her basa, five
persons arrived there. Out of five, she identified Gurudev
Mandal @ Sanoj Mandal, Ranjeet Kumar @ Chotu and three
unknown. They asked about Punjabi Ravidas (husband of the
complainant) and they took him on the point of gun, boarded
him in a white car. It is further alleged that the complainant’s
son, namely, Deepak Kumar had enmity Gurudev Mandal. They
Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026
3/4
told that they will kill her husband.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case. Learned
counsel for the appellants have submitted that from perusal of
the FIR, it is clear that only two persons are named in the FIR:
they are Gurudev Mandal and Ranjeet Kumar @ Chotu. The
name of these appellants is not there in the FIR. It has further
been submitted that the name of these appellants has been
surfaced in the confessional statement of co-accused, namely,
Raja. In this case, the victim of this case has given his statement
under Section 180 and 183 of the B.N.S.S. during investigation.
In both the statements, he has named two more persons i.e.,
Ramesh Mandal (appellant) and Raja but he has not named the
appellant, namely, Md. Aftab Alam and Manish Kumar. There is
nothing against the appellant, namely, Md. Aftab Alam and
Manish Kumar except the confessional statement of co-accused.
Learned counsel for the appellant, namely, Ramesh Mandal has
submitted that so far as this appellant is concerned, the role of
this appellant has disclosed in the statement of the victim under
Section 180 of B.N.S.S. wherein he has stated that he was kept
at the house of this appellant. There is no role of this appellant
in abducting the victim of this case. The victim was only kept at
Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026
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his house. A statement has been made in para-3 of this petition
that the appellants have got no criminal antecedent. Moreover,
they are languishing in judicial custody since 01.05.2025.
5. The appeals for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of this
case, the Court is inclined to allow these appeals. Accordingly,
the appeals are allowed and the impugned order dated
23.06.2025, 02.07.2025 and 23.06.2025 respectively are hereby
set aside.
7. The appellants are directed to be enlarged on bail
in connection with Jhandapur P.S. Case No. 64 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) on
each of them with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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