Patna High Court
Sumanta @ Suman Kumar @ Suman Mandal @ SumanthversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
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
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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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