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Patna High Court

Darshan Mahto @ Darshan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The appeal is dismissed and bail is refused.

Summary

The appellant, Darshan Mahto, was charged with kidnapping the daughter of Chandan Choudhary and threatening him with caste‑based abuse, under sections 137, 352, 351(2) and 3(5) of the BNS, 2023 and provisions of the SC/ST (POA) Act. He appealed to the Patna High Court under Section 14(A)(2) of the SC/ST (POA) Act against the lower court’s refusal to grant regular bail. The prosecution presented the recovered daughter’s statement under Section 183 of the BNSS, 2023 and indicated that three witnesses had already been examined, showing that the trial was underway. The appellant argued that he had a clean antecedent and was falsely implicated, and that the trial had not progressed. The High Court, after considering the seriousness of the allegations, the evidence on record and the fact that the trial was in progress, declined to enlarge bail, affirmed the lower court’s order, dismissed the appeal, and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the appellant under Section 14(A)(2) of the SC/ST (POA) Act in view of the seriousness of the kidnapping and caste‑based abuse allegations.
  • Whether the appellant’s clean antecedent and claim of false implication outweigh the evidentiary material and progress of trial.

Legislation cited

Subjects

  • bail
  • kidnapping
  • caste abuse
  • SC/ST (POA) Act
  • criminal procedure
  • special judge
  • trial expeditious

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5099 of 2025
                   Arising Out of PS. Case No.-300 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Darshan Mahto @ Darshan Kumar Son of Raghunath Mahto Resident of
                 village- Chilmil, Ward No 01, PS- Muffasil, Dist- Begusarai Bihar

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Chandan Choudhary son of Late Jai Narayan choudhary Resident of village-
                 Sabant Moien Ward no. 16, Ps- Chhorahi Dist- Begusarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Rakesh Kumar, Advocate
                 For the Respondent/s   :        Ms. Usha Kumari 1, SPP
                 For the Respondent No.2:        Mr. Ranjan Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-06-2026                   Heard Mr. Rakesh Kumar, learned counsel for the

                   appellant, Mr. Ranjan Kumar Sharma, learned counsel for the

                   Respondent No.2 as well as Ms. Usha Kumari 1, learned Spl.P.P.

                   for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 25.11.2025

                   passed by the learned Court of Exclusive Special Judge, SC/ST

                   (POA) Act, Begusarai, in connection with Muffasil P.S. Case

                   No. 300 of 2025, F.I.R. dated 19.09.2025 registered under

                   Sections 137, 352, 351(2) and 3(5) of the BNS, 2023 and

                   Section 3(i) (r) (s) / 3(2)(v) of the SC/ST (POA) Act.

                               3. According to the prosecution case, this appellant
Patna High Court CR. APP (SJ) No.5099 of 2025(4) dt.25-06-2026
                                             2/3




          has kidnapped the daughter of the Respondent No. 2 and

          threatened the Respondent No. 2 for dire consequences and also

          abused him by caste narrated words.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          appellant is in custody since 24.10.2025 and the trial is not in

          progress.

                       5. Learned counsel for the Respondent No. 2 as well

          as learned Special Public Prosecutor for the State have

          vehemently opposed the prayer for bail of the appellant and

          submits that from perusal of the FIR it appears that there is

          direct and specific allegation against the appellant that he has

          kidnapped the daughter of the Respondent No. 2. Apart from

          that the daughter of Respondent No. 2 was recovered and her

          statement was recorded under Section 183 of the BNSS, 2023 in

          which she has fully supported the case of the prosecution. Apart

          from that the report of the learned trial court reveals that three

          witnesses have already been examined which suggest that the

          trial is going on.

                       6. Considering the nature of allegation as alleged in

          the FIR supported by the witnesses as well as report of the
            Patna High Court CR. APP (SJ) No.5099 of 2025(4) dt.25-06-2026
                                                         3/3




                      learned trial court, I am not inclined to enlarge the appellant on

                      bail in connection with Muffasil P.S. Case No. 300 of 2025

                      pending in the Court of learned Exclusive Special Judge, SC/ST

                      (POA) Act, Begusarai.

                                   7. Accordingly, the impugned order is affirmed and

                      this appeal stands dismissed.

                                   8. However, learned trial court is directed to expedite

                      and conclude the trial at the earliest.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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