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Patna High Court

Navlesh Mahto @ Naulesh Kumar @ Naulesh PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and bail is denied to the appellants.

Summary

The appellants, Navlesh Mahto and his son Abhishek Kumar, appealed against the denial of bail in a case where they were accused of participating in a mob attack that resulted in the murders of Himanshu Kumar and Anu Kumari. The prosecution alleged offences under the Bharatiya Nyaya Sanhita, 2023, the SC/ST (Prevention of Atrocities) Act and the Arms Act, including sections relating to murder, unlawful assembly, and use of firearms. The appellants contended that the charge‑sheet was vague, that specific allegations of firing were directed only at co‑accused, and that no caste‑based insult was made, thus negating liability under the SC/ST Act. The Special Public Prosecutor opposed bail, citing specific witness statements and the seriousness of the double‑murder charge. The High Court, after considering the gravity of the offences and the lack of specific incriminating material against the appellants, refused bail and dismissed the appeal.

Issues considered

  • Whether the appellants are entitled to bail despite being charged under multiple sections of the Bharatiya Nyaya Sanhita, the SC/ST (Prevention of Atrocities) Act and the Arms Act.
  • Whether the charge‑sheet contains specific allegations against the appellants sufficient to justify denial of bail.
  • Whether the conduct alleged amounts to an offence under the SC/ST (Prevention of Atrocities) Act.
  • Whether the seriousness of the alleged double murder warrants the denial of bail.

Legislation cited

Subjects

  • bail
  • double murder
  • SC/ST Act
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • mob attack
  • grave offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4102 of 2025
                    Arising Out of PS. Case No.-294 Year-2025 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
           1.     Navlesh Mahto @ Naulesh Kumar @ Naulesh Prasad Son of Late Ganauri
                  Mahto @ Ganauri Prasad Resident of village - Dumrawan, P.S.- Deepnagar,
                  District - Nalanda.
           2.    Abhishek Kumar Son of Navlesh Mahto @ Naulesh Kumar @ Naulesh
                 Prasad Resident of village - Dumrawan, P.S.- Deepnagar, District - Nalanda.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Sushila Devi Wife of Om Prakash Paswan Resident of village - Dumrawan,
                 P.O.- Dumrawan, P.S.- Deepnagar, District - Nalanda, Pin Code No.-
                 803101.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sunil Prasad Singh, Advocate
                 For the Respondent/s   :        Mrs. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   22-01-2026                 Heard learned counsel for the appellants, learned

                   Special Public Prosecutor for the State, learned counsel for the

                   informant/Respondent No. 2 and perused the case diary.

                               2. The instant appeal has been filed by the appellants

                   against the order dated 27.08.2025 passed by learned Additional

                   Sessions Judge-VI-cum-Special Judge SC/ST (POA) Act,

                   Biharsharif at Nalanda whereby the prayer for bail of the

                   appellants in connection with Deep Nagar P.S. Case No. 294 of

                   2025 under Sections 190, 191(2), 191(3), 126(2), 103(1), 61(2)

                   of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of
Patna High Court CR. APP (SJ) No.4102 of 2025(3) dt.22-01-2026
                                             2/3




          the Arms Act, Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST

          Act and later on Sections 25(1-B)(a), 26, 35 of the Arms Act

          were added, was rejected.

                       3. Prosecution case, in short, is that the appellants

          along with other co-accused persons attacked and abused the

          informant, and shot dead the deceased persons namely

          Himanshu Kumar and Anu Kumari.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. Charge-sheet has been submitted in this case.

          Learned counsel for the appellants also submits no specific

          allegation has been attributed against the appellants rather the

          same is general and omnibus in nature. There is no allegation of

          assault on the appellants rather they are only member of the

          mob. It is next submitted that specific allegation of firing is

          levelled against co-accused Kaushal Kumar and Prashant

          Kumar. Learned counsel for the appellants further submits that

          the appellants have not taken the caste name of the informant in

          public view. Hence, no offence under the provisions of SC/ST

          Act is made out against them. The appellants have no intention

          to disgrace the image of the informant in public view. The

          appellant are in custody since 08.07.2025 and have got no
           Patna High Court CR. APP (SJ) No.4102 of 2025(3) dt.22-01-2026
                                                        3/3




                     criminal antecedent.

                                  5. Learned Special P.P. for the State and the informant

                     have vehemently opposed the prayer for grant of bail to the

                     appellants and submits that there is specific allegation against

                     the appellants of being involved in the commission of double

                     murder in connivance of other co-accused persons. It is further

                     submitted that on perusal of case diary, it transpires that

                     witnesses have supported the prosecution case in paragraph nos.

                     12, 20, 21, 63, 64, 65, 66 and 67. Hence, the appellants do not

                     deserve the privilege of bail. Learned Special PP further submits

                     that prayer for grant of bail of a co-accused person has already

                     been rejected vide order dated 20.11.2025 passed in Cr. Appeal

                     (SJ) No. 3746 of 2025.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as also nature and gravity of the offence, this Court

                     is not inclined to grant bail to the appellants at this juncture.

                                  7. Accordingly, the appeal stands dismissed.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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