Patna High Court
Bharat MandalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The appeal is not maintainable and is disposed of.
Summary
The appellants, three members of the Mandal family, filed an appeal against an order dated 14‑10‑2025 that granted them anticipatory bail in a criminal case arising from a complaint under sections 307, 148, 323, 379, 504 and 354B of the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. The lower court had taken cognizance of the offences under the SC/ST (PoA) Act and the IPC. The State, through a Special Public Prosecutor, contended that an appeal against an anticipatory bail order in a matter where cognizance is taken under the SC/ST (PoA) Act is not maintainable. After hearing arguments, the Patna High Court held that the appeal was not maintainable and disposed of it. The court directed the appellants to surrender before the lower court within four weeks and indicated that any regular bail application thereafter would be considered on its merits without prejudice.
Issues considered
- Whether an appeal against an order granting anticipatory bail is maintainable when cognizance has been taken under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Indian Penal Code — s. 148, 307, 323, 34, 354B, 379, 504
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- maintainability
- SC/ST (Prevention of Atrocities) Act
- criminal appeal
- cognizance
- bail surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4689 of 2025
Arising Out of PS. Case No.-17 Year-2023 Thana- COMPLAINT CASE District- Lakhisarai
======================================================
1. Bharat Mandal, S/o Pradeep Mandal @ Pradip Mandal, R/o Village-
Kumaitha, P.S - Halsi, District - Lakhisarai
2. Shatrudhan Mandal, S/o Pradeep Mandal @ Pradip Mandal, R/o Village-
Kumaitha, P.S- Halsi, District- Lakhisarai
3. Pradeep Mandal @ Pradip Mandal, S/o Ramotar Mandal, R/o Village-
Kumaitha, P.S- Halsi, District- Lakhisarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Geeta Devi, W/o Bambam Paswan, R/o Village- Kumaitha, P.S- Halsi,
District- Lakhisarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Khushi Awadh, Advocate
Mr. Jitendra Narain Sinha, Advocate
Mr. Ram Shankar Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 1. Heard learned counsel for the parties.
2. The appellants have preferred this appeal against
the order dated 14.10.2025 passed in A.B.P. no.1218 of 2025 by
learned District and Additional Sessions Judge Ist-cum-Special
Judge, SC/ST Act, Lakhisarai and for grant of anticipatory bail
in connection with Complaint Case no.17C of 2023 (arising out
of Lakhisarai SC/ST P.S. Case no.5 of 2023) registered under
sections 307, 148, 323, 379, 504 and 354B of the Indian Penal
Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (PoA)
Patna High Court CR. APP (SJ) No.4689 of 2025(3) dt.23-02-2026
2/3
Act.
3. At the outset, learned counsel for the appellants
submits that on the Complaint Case no.38C of 2022 filed by the
respondent no.2 having been referred, an F.I.R. being
Lakhisarai SC/ST P.S. Case no.5 of 2023 was registered under
sections 307, 148, 323, 379, 504 and 354B of the Indian Penal
Code and sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (PoA)
Act wherein on investigation final form was submitted.
However differing with the final report, vide order dated
10.1.2024 (Annexure-P/3), cognizance has been taken against
the appellants under sections 323, 379, 504, 354B and 34 of the
Indian Penal Code and section 3(1)(r)(s) of the SC/ST (PoA)
Act.
4. The appeal is opposed by learned Spl.P.P. for the
State. It is submitted by learned Spl.P.P. that cognizance having
been taken under the SC and ST (PoA) Act, the instant appeal
arising out of an application for anticipatory bail will not be
maintainable.
5. After some argument, learned counsel for the
appellants seeks permission to withdraw the instant appeal with
liberty to move the learned Court below on behalf of the
appellants for bail.
Patna High Court CR. APP (SJ) No.4689 of 2025(3) dt.23-02-2026
3/3
6. Having heard learned counsel for the parties, the
instant appeal is disposed of as not maintainable.
7. The appellants are directed to surrender in the
learned Court below within a period of four weeks.
8. In case the appellants so surrender within the
aforesaid period and pray for regular bail, the same shall be
considered by the learned Court below on its own merits
without being prejudiced by this order of rejection/withdrawal.
(Partha Sarthy, J)
avinash/-
U T
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