Patna High Court
Darshan Mahto @ Darshan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 137, 3(5), 351(2), 352
- BNSS, 2023 — s. 183
- SC/ST (POA) Act — s. 14(A)(2), 3(2)(v), 3(i), 3(r), 3(s)
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
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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
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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/-
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