Allowed¶21

Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth v. The State of Bihar

Patna HC22 Jan 2026CR. APP (SJ)/4306/2025

Case brief

AI extract

What is this about?

Keywords: bail; Criminal Appeal (SJ); Patna High Court; Katihar; Korha PS Case No. 192 of 2025; Bharatiya Nyaya Sanhita, 2023 ss.126(2), 115(2), 109(1), 352, 351(2), 3(5); SC/ST Act ss.3(1)(r)(s), 3(2)(va); no specific allegation of firing; firing attributed to co-accused Ganga Ram Mandal; member of mob; caste name not taken in public view; charge-sheet filed; custody since 10.08.2025; two criminal antecedents; bail bond Rs.15,000 with two sureties; Rudra Prakash Mishra, J.; decided 22-01-2026.

What did the court decide?

Bail granted — appellant to be released on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each; order dated 15.09.2025 rejecting bail set aside. ¶21

Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted — appellant to be released on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each; order dated 15.09.2025 rejecting bail set aside.

¶21

Issue for consideration

Whether the appellant, arraigned in Korha PS Case No. 192 of 2025 under BNS 2023 and SC/ST Act provisions, was entitled to bail despite rejection of his bail prayer by the sessions court, in view of the absence of any specific allegation of firing against him and the period of custody undergone.

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Court's answer

The absence of any specific allegation of firing against the appellant and the period of custody undergone weighed in favour of allowing the appeal and granting bail.

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Ratio / Principle

The appeal is allowed and the order dated 15.09.2025 passed by the learned District and Additional Sessions Judge-I, Katihar rejecting bail is set aside.

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Key takeaways

The appellant is directed to be released on bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each to the satisfaction of the court below in connection with Korha PS Case No. 192 of 2025.ratio¶22

Detailed headnote1 paragraphs

Bail — Patna High Court (Rudra Prakash Mishra, J.) allowed Criminal Appeal (SJ) No.4306 of 2025 against the order dated 15.09.2025 of the District and Additional Sessions Judge-I, Katihar rejecting bail in Korha PS Case No. 192 of 2025, instituted under Sections 126(2), 115(2), 109(1), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) & 3(2)(va) of SC/ST Act. Prosecution case: on 09.08.2025 the informant's husband, Munna Rishi, was assaulted by co-villagers who returned armed and Ganga Ram Mandal allegedly fired at him causing a gunshot injury on his left thigh. Counsel for the appellant pointed out that the FIR contained no specific allegation of firing attributed to the appellant (firing being attributed to co-accused Ganga Ram Mandal), that no caste name was allegedly taken by the appellant in public view, that the charge-sheet stood filed, and that the appellant was in custody since 10.08.2025 with two criminal antecedents. Holding that there was no specific allegation of firing against the appellant and noting the period of custody undergone, the Court set aside the impugned order and directed release on bail on furnishing bonds of Rs.15,000/- with two sureties of the like amount each.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4306 of 2025

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Arising Out of PS. Case No.-192 Year-2025 Thana- KORHA District- Katihar

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======================================================

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Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth Son of Bonu Mandal @ Baldev Mandal Resident of village- Marwa, Ps- Korha, DistKatihar

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... ... Appellant/s

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Versus

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The State of Bihar

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Vina Devi Wife of Munna Rishi Resident of village- Marwa, Ps- Korha, distKatihar

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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Bimal Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the Informant : Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 22-01-2026

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Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

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The instant appeal has been filed by the appellant against the order dated 15.09.2025 passed by learned District and Additional Sessions Judge-I, Katihar whereby the prayer for bail of the appellant in connection with Korha PS Case No. 192 of 2025 instituted under Sections 126(2), 115(2), 109(1), 352,

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351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) & 3(2)(va) of SC/ST Act was rejected.

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Prosecution case, in short, is that on 09.08.2025 the

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Patna High Court CR. APP (SJ) No.4306 of 2025(4) dt.22-01-2026 2/3

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informant’s husband, Munna Rishi, was assaulted by covillagers who later returned armed with weapons, and Ganga Ram Mandal allegedly fired at him causing a gunshot injury on his left thigh. It is alleged that the accused persons, along with others, attacked with intent to kill and fled after the firing.

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Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is submitted that from perusal of the FIR, it would manifest that there is no specific allegation of firing attributed to the appellant, rather the same is attributed to co-accused, Ganga Ram Mandal. It is next submitted that even if the allegation is taken on its face value, appellant was, at best, a member of the mob. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 10.08.2025 and has two criminal antecedents.

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Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant.

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Patna High Court CR. APP (SJ) No.4306 of 2025(4) dt.22-01-2026 3/3

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Considering the aforesaid facts and circumstances of the case, there being no specific allegation of firing against the appellant and the period of custody undergone by the petitioner, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 15.09.2025 passed by learned District and Additional Sessions Judge-I, Katihar is hereby set aside.

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Let the appellant be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Korha PS Case No. 192 of 2025.

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(Rudra Prakash Mishra, J)

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Raj Kishore/-

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U T

Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sumanta @ Suman Kumar @ Suman Mandal @ Sumanth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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