Patna High Court – Orders
Binde Mandal @ Bindeshwar Mandal vs The State Of Bihar on 15 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1624 of 2025
Arising Out of PS. Case No.-37 Year-2019 Thana- SC/ST District- Madhubani
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1. Binde Mandal @ Bindeshwar Mandal S/O Late Pulkit Mandal R/O Village-
Dumari, P.S- Rahika, Distt.- Madhubani.
2. Daya Sundri Devi @ Din Sunair Devi W/O Binde Mandal @ Bindeshwar
Mandal R/O Village- Dumari, P.S- Rahika, Distt.- Madhubani.
3. Kali Kumari D/O Binde Mandal @ Bindeshwar Mandal R/O Village-
Dumari, P.S- Rahika, Distt.- Madhubani.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Janki Devi W/O Late Mahindra Paswan R/O Village- Dumari Mahanth Tola,
P.S- Rahika, Distt.- Madhubani.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Subhash Kumar Jha, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-07-2025
Heard Mr. Subhash Kumar Jha, learned counsel for
the appellants as well as Mr. Sadanand Paswan, learned Spl.P.P.
for the State.
2. Despite valid service of notice upon respondent
No.2, no one appears on behalf of respondent No.2
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
03.04.2025 passed by the learned Additional Sessions Judge 1st
cum Special Judge (SC/ST) Madhubani in connection with
Madhubani SC/ST P.S. Case No.37 of 2019, F.I.R. dated
Patna High Court CR. APP (SJ) No.1624 of 2025(3) dt.15-07-2025
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24.10.2019 registered under Sections 341, 323, 379, 354, 504/34
of the Indian Penal Code and Sections 3(1) (r) (s) (w) 3(2) (va)
of the Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, on 23.10.2019,
while the informant was having tea at a shop with his dog,
appellant No. 1 hit the dog with a stick. When the informant
objected, all the appellants abused him using caste-based slurs.
Later, they followed him to his house, continued the abuse, and
assaulted his family–appellant No. 1, pulled his daughter-in-
law’s hair, threw her to the ground, and tore her saree, while
appellant No. 2 snatched a silver ornament from his wife’s neck.
5. Learned counsel for the appellants submits that
appellants are innocent and they have falsely been implicated in
the present case. From a bare perusal of the F.I.R., it appears
that due to some petty dispute, the present occurrence had taken
place and although, the appellants are named in the F.I.R. but
from a bare perusal of the F.I.R., it appears that there is no
specific allegation of any assault or overt act against all the
accused persons, including these appellants rather there is
general and omnibus allegations against all the accused persons,
including these appellants.
6. Learned Special Public Prosecutor for the State has
Patna High Court CR. APP (SJ) No.1624 of 2025(3) dt.15-07-2025
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vehemently opposed the prayer for bail of the appellants.
7. After hearing the parties, in my view for the
purpose of this anticipatory bail, no offence under the provisions
of Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the aforesaid facts and circumstances,
the appellants have clean antecedent and apart from that there is
no specific allegation against all the accused persons including
the appellants rather there is general and omnibus allegations
against all the accused persons, including the appellants, hence,
no case is made out under the SC/ST Act against the appellants,
let the appellants, above named, in the event of their arrest or
surrender before the Court below within a period of thirty days
from the date of receipt of the order, be released on anticipatory
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Court of Additional Sessions Judge 1st cum Special
Judge (SC/ST) Madhubani in connection with Madhubani
SC/ST P.S. Case No.37 of 2019, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023
and with other following conditions:-
i. Appellants shall co-operate in the trial and shall be
Patna High Court CR. APP (SJ) No.1624 of 2025(3) dt.15-07-2025
4/4properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the appellants tamper 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 appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. 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.
9. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
sharun/-
U T