Patna High Court
Nitish Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appellate court set aside the lower court’s refusal and allowed bail with conditions.
Summary
The appellant, Nitish Kumar Mandal, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 for an alleged attempt to rape a woman. He sought regular bail, which was denied by the District and Additional Sessions Judge, Special Judge (SC/ST Act) in Bhagalpur. On appeal under Section 14(A)(ii) of the SC/ST Act, the appellant’s counsel argued that the FIR was fabricated and that the appellant had only gone to the complainant’s house to recover dues. The State opposed bail, contending the appellant’s participation in the crime and citing a pending case. The Patna High Court set aside the lower court’s order, granting bail on a Rs.10,000 bond with two sureties and imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The appeal was allowed.
Issues considered
- Whether the appellant is entitled to bail under Section 14(A)(ii) of the SC/ST Act despite the serious nature of the alleged offence.
- Whether the lower court erred in refusing bail on the basis of the allegations and pending criminal antecedent.
Subjects
- bail
- SC/ST Act
- rape allegation
- false FIR
- scheduled caste
- criminal antecedent
- appellate court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5132 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Nitish Kumar Mandal S/o- Sikendra Mandal Residetn of Vilag- Santnagare,
Rajandipur, PS- Sabour District-Bhagalpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Phulan Devi W/o- Jaikant Paswan Resident of Village- Santnagar,
Rajandipur, PS- Sabour District-Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajive Ranjan Singh, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl.P.P.
For Respondent No.2 : Mr.Rajive Ranjan Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-04-2026 Heard Mr.Rajive Ranjan Singh, learned counsel for
the appellant (A.O.R.No.05090), Mr.Rajive Ranjan Singh,
learned counsel for respondent No.2 (A.O.R.No.0733) and
Mr.Binay Krishna, learned Spl.P.P. for the State.
2. This is an appeal under Section 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 2016 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for regular bail vide order
dated 13.11.2025 passed by the learned District and Additional
Sessions Judge -III-cum-Special Judge( SC/ST Act), Bhagalpur
in Sabour P.S. Case No.340 of 2025/Special SC/ST Case
No.187/2025, F.I.R. dated 19.09.2025 registered under Sections
Patna High Court CR. APP (SJ) No.5132 of 2025(3) dt.08-04-2026
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126(2),329(4),74,76,115(2),351(2),352 of BNS and Section 3(1)
(r),3(2)(va)of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act but cognizance has been taken
under Sections 64(1),62,115(2),351(2),352 of BNS and Section
3(2)(VA), 3(i)(r)(w)of the SC/ST Act.
3. Allegation against the appellant is that he tried to
commit rape upon the victim.
4. Learned counsel for the appellant submits that the
allegation as alleged in the FIR is false and fabricated and the
appellant has not committed any offence as alleged in the FIR.
As per allegation in the FIR that the appellant has tried to
commit rape upon the victim. Learned counsel for the appellant
submits that in fact the appellant has gone to the house of the
informant for taking some previous dues amount and due to
some reason the appellant has falsely been implicated in the
present case and the police, after investigation, submitted
chargesheet against the appellant and the appellant is in custody
since 19.09.2025.
5. Learned counsel for the informant and learned Spl.
P.P. for the State have vehemently opposed the prayer for bail of
the appellant and submits that the appellant has participated in
the present crime in question, apart from that, the appellant
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carries one more case other than the present one but fairly
submits that the appellant is on bail in the said case, as
mentioned in para-3 of this bail petition.
6. Considering the facts and circumstances of the
case, let the appellant, above named, be released on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned District and Additional Sessions Judge -III-cum-
Special Judge( SC/ST Act), Bhagalpur in connection with
Sabour P.S. Case No.340 of 2025/Special SC/ST Case
No.187/2025, with the following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the appellant tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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
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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
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)
Nitesh/-
U T
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