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Patna High Court

Ganga Ram Mandal @ Grangaram MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the trial court’s refusal of bail is set aside and bail is granted with conditions.

Summary

The appellant, Ganga Ram Mandal, was charged under the SC/ST (Prevention of Atrocities) Act, the Arms Act and several IPC provisions for allegedly firing at the husband of an informant, causing a bullet injury. He contended that he was falsely implicated, had a clean antecedent and that the injury was minor. The trial court had refused regular bail, leading the appellant to file an appeal under Section 14(A)(ii) of the SC/ST Act. The High Court examined the nature of the allegations, the appellant’s custody period and his claim of false implication, and held that bail could be granted subject to strict conditions. Consequently, the court set aside the trial court’s order, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • What is the appropriate exercise of discretion by the trial court in refusing bail under the SC/ST (Prevention of Atrocities) Act and related provisions?
  • Whether the appellant’s claim of false implication and clean antecedent warrants the grant of regular bail despite the serious nature of the allegations.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • scheduled caste
  • scheduled tribe
  • criminal procedure
  • arms act
  • false implication
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4792 of 2025
                       Arising Out of PS. Case No.-192 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Ganga Ram Mandal @ Grangaram Mandal S/O Bonu Mandal @ Baldev
                 Mandal @ Baldeo Mandal Resident of Village/ Mohalla- Marwa, P.S- Korha,
                 District- Katihar.

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Vina Devi W/O Munna Rishi R/O Village/Mohalla- Marwa, P.S- Korha,
                 Distt.- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Bimal Kumar, Advocate
                 For the Respondent No. 2:        Mr. Sanjeev Kumar Singh, Advocate
                 For the State           :        Mr. Sadanand Paswan, Spl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-06-2026                   Heard Mr. Bimal Kumaa, learned counsel appearing

                   for the appellant, Mr. Sanjeev Kumar Singh, learned counsel

                   for the Respondent No. 2 and Mr. Sadanand Paswan, learned

                   Special Public Prosecutor for the State.

                                  2. This is an appeal under Sections 14(A)(ii) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act (hereinafter referred to as the “SC/ST Act”)

                   against the refusal of prayer for regular bail vide order dated

                   15.10.2025 passed by the learned District and Additional

                   Sessions Judge-I cum Special Judge Schedule Caste and

                   Schedule Tribes (Prevent ion of Atrocities) Act, Katihar in

                   connection with Korha P.S. Case No. 192 of 2025, F.I.R. dated
Patna High Court CR. APP (SJ) No.4792 of 2025(3) dt.18-06-2026
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          10.08.2025 registered under Sections 126(2), 115(2), 109(1),

          352, 351(2), 3(5) of the B.N.S., 2023, Section 27 of the Arms

          Act read with Sections 3(1)(r)(s), 3(2), (va) of the S.C./S.T. Act.

                       3. Allegation against the appellant is that he opened

          fire on the husband of the informant causing injuring to him.

                       4. Learned counsel for the appellant submits that the

          appellant has clean antecedent and he has been falsely

          implicated in the present case. It appears from the F.I.R. that due

          to some petty dispute the present occurrence had taken place.

          Although there is specific allegation against the appellant that

          he fired upon the husband of the informant and he has received

          bullet injury in his left thigh but the final injury report of the

          injured person (informant’s husband) suggests that the injury is

          simple in nature.          He further submits that the police after

          investigation submitted chargesheet against the appellant and

          the appellant is in custody since 03.09.2025.

                       5. Learned counsel for the Respondent No. 2

          (Informant) as well as learned Special Public Prosecutor for the

          State, on the other hand, vehemently opposed the prayer for

          bail of the appellant and submits that there is direct and specific

          allegation of firing attributed against the appellant and husband

          of the informant has received bullet injury.
Patna High Court CR. APP (SJ) No.4792 of 2025(3) dt.18-06-2026
                                             3/4




                       6. Considering the facts and circumstances of the case

          as well as period of custody, let the appellant, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-I

          cum Special Judge Schedule Caste and Schedule Tribes

          (Prevention of Atrocities) Act, Katihar in connection with Korha

          P.S. Case No. 192 of 2025, with the following conditions :-

                       (1) Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the appellant tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the appellant and in case at any

          stage, it is found that the appellant has concealed his criminal

          antecedent, the court below shall take step for cancellation of

          bail bond of the appellant. However, the acceptance of bail

          bonds in terms of the above-mentioned order shall not be
               Patna High Court CR. APP (SJ) No.4792 of 2025(3) dt.18-06-2026
                                                            4/4




                         delayed for purpose of or in the name of verification.

                                        7. Accordingly, the impugned order is set aside and

                         this appeal stands allowed.



                                                                        (Rajesh Kumar Verma, J)
Ibrar//-

U          t


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