Mahesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2890 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- MUNGER MUFFASIL District- Munger ====================================================== Mahesh Mandal S/o- Late Rajpati Mandal Village- Manigram Totaha PSBariarpur, Dist- Munger (wrongly stated in FIR i.e. R/o Village- Maheshpur Silha P.S.- Mufassil Dist- Munger.) ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Rani Kumari W/o- Late Rabish @ Rabo Paswan R/o Village- Maniyarchak Silha P.S.- Mufassil Dist- Munger ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shashi Saurabh, Advocate For the Complainant :
Mr. Rabi Bhushan, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the appellant, learned counsel for the Complainant and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 25.06.2025 passed by the learned A.D.J. 1st cum Special court of S.C./S.T. (PoA) Act, Munger in connection with Muffasil P.S. Case No. 128 of 2025 registered for the offences punishable under Sections 61(2), 126(2), 127(2), 103(2), 351(2), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act as well as Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of the SC/ST (PoA)
Patna High Court CR. APP (SJ) No.2890 of 2025(5) dt.15-01-2026 2/3 Act.
3. The case of the prosecution, in brief, is that on 21.04.2025 at about 07:45 P.M., the husband of the complainant Rabish @ Rabo Paswan went with Amit Kumar to the house of Amresh Poddar on the call of Chotu Paswan where several accused persons surrounded him and on the order of Mahesh Mandal, Chotu Mandal fired at him causing his death. It is also alleged that the accused persons have earlier threatened and abused him by caste name and has also threatened to withdraw the earlier case.
4. Learned counsel for the appellant submits that the allegation against the appellant is only that of order giving. He is not the main assailant. It has also been submitted that the appeal of co-accused Manju Devi has been allowed by the learned Co-ordinate Bench vide Cr. App.(SJ) No. 2954 of 2025.
5. Countering this, learned counsel for the Complainant has submitted that there is allegation against the appellant that he has ordered and on his order Chotu has fired at the husband of the complainant and that there is also allegation that he along with other accused persons have threatened the complainant for withdrawing the earlier case.
6. Learned counsel for the appellant has submitted
Patna High Court CR. APP (SJ) No.2890 of 2025(5) dt.15-01-2026 3/3 that the allegations levelled against the appellant are false and fabricated. Learned counsel has lastly submitted that the petitioner is in judicial custody since 23.04.2025.
7. In view of the submissions made by the learned counsel for the appellant, the order dated 25.06.2025 passed by the learned A.D.J. 1st cum Special court of S.C./S.T. (PoA) Act, Munger in connection with Muffasil P.S. Case No. 128 of 2025 is hereby set aside and the appellant above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of A.D.J. 1st cum Special court of S.C./S.T. (PoA) Act, Munger in connection with Muffasil P.S. Case No. 128 of 2025.
8. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T