Patna High Court
Dinesh Mandal @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r), 3(i)(s)
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
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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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