Patna High Court – Orders
Kailash Mandal vs The State Of Bihar on 26 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4179 of 2024
Arising Out of PS. Case No.-12 Year-2021 Thana- KATIHAR MUFFASIL District- Katihar
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Kailash Mandal Son of Jagarnath Mandal @ Jagdev R/O- Tajganj Fasiya,
P.S.- Muffasil, Distt.- Katihar
... ... Appellant/s
Versus
1. The State of Bihar.
2. Sonu Kumar Bhagat Son of Late Anand Shankar Bhagat Circle Officer,
Katihar, R/O- Khesar, P.S.- Fulli Dumar, Distt.- Banka.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Sanjeev Kumar Singh, Adv.
For the State : Mr. Binay Krishna, SPP
For the Resp. No.2 : Mr. Brij Nandan Prasad, Adv.
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
5 26-06-2025
Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State as also learned counsel
for the Respondent No.2.
2. The instant appeal has been filed by the appellant
against the order dated 23.07.2024 passed by learned Additional
District & Sessions Judge-1 -cum- Special Judge, SC/ST Act,
Katihar whereby the prayer for bail of the appellant in
connection with Muffasil P.S. Case no. 12/2021 under Section
147, 148, 149, 186, 353, 332, 427, 307, 302, 325, 504 of the
Indian Penal Code and sections 3(1) (r) (s) / 2(2)(va) of SC/ST
Act was rejected.
3. As per allegation in the FIR, appellant along with
other co-accused persons have created hindrance by pelting
Patna High Court CR. APP (SJ) No.4179 of 2024(5) dt.26-06-2025
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stones on the police party in discharging the official duty when
they were working to make the land encroachment free from the
slums. Appellant has also abused by taking the caste name of the
driver of the police vehicle. Several male and female police
constables were got injured in the alleged incident.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case due to
high handedness of police party. He has not taken the caste
name of the informant in public view. He has got no criminal
antecedent. There is no specific or direct allegation of any overt
act against the appellant rather the same is general and omnibus
in nature. Not a single independent witness has come forward to
corroborate the prosecution case against the appellant. No
offence is made out under the provisions of the SC/ST Act
against him. The appellant has no intention to disgrace the
image of the informant in public view. Learned counsel for the
appellant further submits that the other co-accused persons
namely Ranjeet Mandal, Pradip Mandal, Fuleshwar Mandal @
Fulo Mandal and Vakil Paswan @ Kapil Paswan have already
been enlarged on bail by this Hon’ble Court vide orders dated
29.10.2021, 16.12.2021, 27.01.2022 and 07.07.2022 passed in
Cr. Appeal (SJ) Nos. 4243 of 2021, 4238 of 2021, 3897 of 2021
Patna High Court CR. APP (SJ) No.4179 of 2024(5) dt.26-06-2025
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and 300 of 2022 respectively.
5. The appeal for bail is opposed by learned Spl. P.P. for
the State and the Informant, stating that the offence alleged is
serious in nature. In the alleged occurrence, injured P.T.C.
Manoj Kumar sustained grievous injury who later on, in course
of treatment, died on the very next day of the incident. In the
alleged occurrence, about four police personnel sustained
injuries by the unlawful assembly including the appellant.
6. Having heard learned counsel for the parties and
taking into consideration that there is general and omnibus
allegation against the appellant as also the prayer for bail being
based on parity, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 23.07.2024 is hereby set aside.
7. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned court below/concerned court in connection with
Muffasil P.S. Case No. 12 of 2021.
(Rudra Prakash Mishra, J)
rishi/-
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