Patna High Court
Baso Mandal @ Basu MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The appellate court granted anticipatory bail to the appellant, setting aside the lower court’s order denying it.
Summary
The appellant, Baso Mandal, was charged with multiple offences including murder attempt, assault, robbery and violations of the Arms Act, as well as offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Special Judge had rejected his application for anticipatory bail, citing the seriousness of the alleged caste‑based assault. On appeal under Section 14A(2) of the SC/ST Act, the Patna High Court examined the appellant’s clean antecedent, the three‑month delay in lodging the FIR, and the fact that the alleged caste slur was not made in a public place. Weighing these factors, the Court held that the circumstances warranted the grant of anticipatory bail, subject to a bail bond and sureties. Consequently, the appeal was allowed and the lower court’s order denying bail was set aside.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989.
- Whether the alleged caste‑based abuse falls within the rigour of the SC/ST Act given the private nature of the incident.
- Whether the delay of three months in filing the FIR and the appellant’s clean antecedent justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 147, 148, 307, 323, 379, 384
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(x)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- delay in FIR
- clean antecedent
- criminal procedure
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.694 of 2025
Arising Out of PS. Case No.-85 Year-2024 Thana- SC/ST District- Purnia
======================================================
Baso Mandal @ Basu Mandal Son of Late Mangal Mandal Resident of
Bisharia, Chai Tola, Ward No. 14, P.S.- Barhara Kothi, Distt.- Purnea
... ... Appellant/s
Versus
1. The State of Bihar
2. Rupesh Kumar Son of Pramod Ram Resident of Village- Bisharia Chai
Tola,Ward No. 14, P.S.- Barhara Kothi, Distt.- Purnea
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajit Kumar Singh, Advocate
For the Respondent No. 2 : Mr. Navin Kumar, Advocate
For the State : Mr. Sadanand Paswan, Spl PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the appellant, learned
counsel for the Respondent No. 2 and learned Special Public
Prosecutor appearing for the State.
2. This appeal under Section 14A(2) of the
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 has been directed against the order dated
06.01.2025 passed by learned Special Judge SC/ST Act, Purnea
in A.B.P. No. 148 of 2024 in connection with SC/ST P.S. Case
No. 85 of 2024, registered under Sections 307, 323, 379, 147,
148 and 384 of the I.P.C., under Section 27 of the Arms Act read
with Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, whereby the prayer for
Patna High Court CR. APP (SJ) No.694 of 2025(3) dt.25-02-2026
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grant of anticipatory bail of the appellant has been rejected.
3. As per the prosecution case, on 18.06.2024, the
appellant along with co-accused persons armed with weapons,
arrived at the door of the informant, Rupesh Kumar, and hurled
caste-based slurs at him. When the informant and his family
member opposed, then all the accused persons started assaulting
them and co-accused Sanjay Mandal assaulted the informant on
his head by means of iron rod due to which he sustained severe
head injury and blood started oozing out. It is further alleged
that co-accused Ino Mandal assaulted Pramod Rai (father of the
informant) by means of iron rod as a result of which he
sustained injury on his cheek and co-accused Biro Mandal and
Shravan Mandal assaulted Punita Devi and Baby Kumari and
snatched chain and threatened to cut them into pieces and throw
them into the river if they file any case. The informant was
taken to Sadar Hospital, Purnea for treatment. Further, on
28.06.2024, all the accused persons came to the house of the
informant and asked him to give two lacs rupees as ransom and
Pappu Ram (brother of the informant) was forcibly dragged by
the accused persons and severely beaten. Thereafter, Pappu Ram
was rescued from the clutches of the accused persons with the
help of the villagers. The accused persons are also alleged to
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have outraged the modesty of female family members of the
informant.
4. Learned counsel appearing for the appellant
submits that the appellant bears clean antecedent and is
innocent. It is further submitted that there is a delay of more
than three months in lodging the FIR without giving any
plausible explanation for the same and there is land dispute
between the parties. He further submits that it appears from the
F.I.R. itself that there is general and omnibus allegation levelled
against the appellant and specific allegation of assault on the
head of the informant is against co-accused Sanjay Mandal
while there is specific accusation of assault on the father of the
informant is against Ino Mandal. Moreover, Biro Mandal and
Shravan Mandal are alleged to have assaulted specifically on
Punita Devi and Baby Devi. As regards allegation of abuse with
the caste name attracting the rigours of SC & ST Act is
concerned, it is not committed in a public place nor any person
has been named to be present at the place of occurrence when
the alleged offence of abuse was being committed. He further
submits that no case, as alleged in the F.I.R, attracting rigours of
SC & ST Act, is made out against the appellant. Hence, the
impugned order may be set aside and the appellant may be
Patna High Court CR. APP (SJ) No.694 of 2025(3) dt.25-02-2026
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granted the privilege of anticipatory bail.
5. Learned Special Public Prosecutor for the State
and learned counsel for the Respondent No. 2 have vehemently
opposed the prayer for grant of anticipatory bail to the appellant.
6. Considering the entire facts and circumstances of
the case and also the fact that the appellant bears clean
antecedent coupled with the fact that there is delay of three
months in lodging the FIR and the allegation does not appear to
be within public view, let the above named appellant in the
event of his arrest/surrender within a period of six weeks 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 the learned Special Judge SC/ST Act, Purnea in
connection with SC/ST P.S. Case No. 85 of 2024, subject to the
conditions laid down under Section 482(2) of the
B.N.S.S/Section 438(2) of the Cr.P.C.
7. Accordingly, this appeal is allowed and the
impugned order dated 06.01.2025 rejecting the prayer for grant
of anticipatory bail to the appellant is, hereby, set aside.
(Praveen Kumar, J)
Jyoti/-
U T
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