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Patna High Court

Sumanta @ Suman Kumar @ Suman Mandal @ SumanthversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the appellant and the lower court’s order denying bail was set aside.

Summary

The appellant, Suman Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged participation in a mob attack that resulted in a gunshot injury to the informant’s husband. The trial court denied bail, holding that the charges were serious. On appeal, the appellant argued that the FIR does not specifically allege that he fired the weapon and that he did not publicly insult the informant’s caste, thus no SC/ST Act offence. The High Court, noting the absence of a specific allegation of firing against the appellant and the length of his custody, found no sufficient ground to refuse bail. Consequently, the Court set aside the lower court’s order and granted bail on condition of a bond and sureties. The decision underscores the requirement of specific allegations for certain offences and the consideration of custody duration in bail matters.

Issues considered

  • Whether bail should be granted to the appellant despite charges under the Bharatiya Nyaya Sanhita and the SC/ST Act.
  • Whether a specific allegation of firing a weapon is necessary to sustain an offence under the SC/ST Act.
  • Whether the appellant’s alleged participation in the mob justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mob assault
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • caste-based offence
  • firearm allegation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4306 of 2025
                       Arising Out of PS. Case No.-192 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth Son of Bonu
                 Mandal @ Baldev Mandal Resident of village- Marwa, Ps- Korha, Dist-
                 Katihar

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Vina Devi Wife of Munna Rishi Resident of village- Marwa, Ps- Korha, dist-
                 Katihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Bimal Kumar, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 For the Informant       :        Mr. Sanjeev Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   22-01-2026             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 15.09.2025 passed by learned District

                   and Additional Sessions Judge-I, Katihar whereby the prayer for

                   bail of the appellant in connection with Korha PS Case No. 192

                   of 2025 instituted under Sections 126(2), 115(2), 109(1), 352,

                   351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Sections 3(1)(r)(s) & 3(2)(va) of SC/ST Act was rejected.

                           3.     Prosecution case, in short, is that on 09.08.2025 the
Patna High Court CR. APP (SJ) No.4306 of 2025(4) dt.22-01-2026
                                             2/3




          informant’s husband, Munna Rishi, was assaulted by co-

          villagers who later returned armed with weapons, and Ganga

          Ram Mandal allegedly fired at him causing a gunshot injury on

          his left thigh. It is alleged that the accused persons, along with

          others, attacked with intent to kill and fled after the firing.

                   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. It is

          submitted that from perusal of the FIR, it would manifest that

          there is no specific allegation of firing attributed to the

          appellant, rather the same is attributed to co-accused, Ganga

          Ram Mandal. It is next submitted that even if the allegation is

          taken on its face value, appellant was, at best, a member of the

          mob. 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 is in

          custody since 10.08.2025 and has two criminal antecedents.

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

          have vehemently opposed the prayer for grant of bail to the

          appellant.
           Patna High Court CR. APP (SJ) No.4306 of 2025(4) dt.22-01-2026
                                                        3/3




                              6.     Considering the aforesaid facts and circumstances

                     of the case, there being no specific allegation of firing against

                     the appellant and the period of custody undergone by the

                     petitioner, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 15.09.2025

                     passed by learned District and Additional Sessions Judge-I,

                     Katihar is hereby set aside.

                              7.     Let the appellant be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Korha PS Case No.

                     192 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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