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Patna High Court

Dinesh Mandal @ Dinesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the lower court’s order and granted anticipatory bail to the appellant.

Summary

The appellant, Dinesh Mandal, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act in connection with an alleged assault on a minor, Golu Kumar, allegedly committed by Prahlad Kumar and co‑accused. The FIR described a caste‑based assault but did not specifically name the appellant, and he contended that he never used the victim's caste name in public, arguing that no offence under the SC/ST Act was made out. The Exclusive Special Judge had rejected the appellant's prayer for anticipatory bail. On appeal, the Patna High Court examined whether the allegations against the appellant were sufficiently specific to deny bail and considered the court's inherent power under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Finding the charge‑sheet vague and noting the appellant's clean record, the court set aside the lower court’s order and granted anticipatory bail subject to conditions. The order directs the appellant to furnish bail bonds and sureties if arrested within six weeks.

Issues considered

  • Whether the appellant is liable to be denied anticipatory bail under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether the FIR and charge‑sheet specifically allege an offence by the appellant under the SC/ST Act.
  • Whether the court can exercise its inherent powers under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • Bharatiya Nyaya Sanhita
  • Section 482
  • FIR specificity
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4109 of 2025
                   Arising Out of PS. Case No.-265 Year-2025 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Dinesh Mandal @ Dinesh Kumar S/O Indradeo Mandal Resident of Village-
                 Lodipur, P.S. Warisaliganj, District- Nawada.
                                                                      ... ... Appellant
                                                      Versus

           1.    The State of Bihar
           2.    Usha Devi W/O Tulsi Chaudhary R/O Village- Lodipur, P.O- Kesauri, P.S-
                 Pakribarawan, Distt.- Nawada, Pin code- 805132.

                                                            ... ... Respondent
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Man Mohan Kumar, Advocate
                 For the Respondent/s   :        Mr.Binay Krishna, S.P.P.
                                                 Mr. Vishwa Ranjan Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   09-02-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                               2. The instant appeal has been filed by the appellant

                   against the order dated 02.09.2025 passed by learned Exclusive

                   Special Judge, SC/ST (PoA) Act, Nawada whereby the prayer

                   for anticipatory bail of the appellant in connection with

                   Pakribarawan PS Case No. 265 of 2025 instituted under

                   Sections 115(2), 109, 118(2), 126(2), 351(2), 352 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r) & 3(i)(s) of

                   SC/ST Act was rejected.

                               3. The prosecution case, in short, is that on
Patna High Court CR. APP (SJ) No.4109 of 2025(4) dt.09-02-2026
                                             2/3




          02.07.2025, informant’s minor son Golu Kumar was brutally

          assaulted with iron rods and lathis by Prahlad Kumar and

          several co-accused near their house, accompanied by caste

          based abuses and threats. The injured boy sustained grievous

          head injuries and, after initial treatment at local hospitals, was

          referred to Patna where he is undergoing critical treatment.

                        4. Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

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

          perusal of the FIR, it would reveal that there is no specific

          allegation against the appellant, rather the same is general and

          omnibus in nature. Specific allegation of assault is against

          Prahlad Kumar. Learned counsel for the appellant further

          submits that the appellant has 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 him. The appellant

          has no intention to disgrace the image of the informant in public

          view. The appellant has no criminal antecedent.

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

          have vehemently opposed the prayer for grant of bail to the

          petitioner.

                        6. Considering the aforesaid facts and circumstances
           Patna High Court CR. APP (SJ) No.4109 of 2025(4) dt.09-02-2026
                                                        3/3




                     of the case, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 02.09.2025

                     passed by learned Exclusive Special Judge, SC/ST (PoA) Act,

                     Nawada, in connection with Pakribarawan PS Case No. 265 of

                     2025, is hereby set aside.

                                  7. let the Appellant above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Pakribarawan

                     PS Case No. 265 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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