IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2924 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur ====================================================== Ramesh Mandal S/o Late Haricharan Mandal R/o Village- Gopalpur, Mangal Basa, Ward No. 11, P.S.- Udakishunganj, Dist.- Madhepura ... ... Appellant/s Versus 1. The State of Bihar 2. Bataso Devi W/o Punjabi Ravidas R/o Village- Jairampur, P.S.- Bihpur, Dist.- Bhagalpur ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 2998 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur ====================================================== Md Aftab Alam S/o Md jabbar Resident of Village- Kalasan ward no 04, P.S.- Chousa, Distt- Madhepura ... ... Appellant/s Versus 1. The State of Bihar 2. Bataso Devi W/o Punjabi Ravidas R/o Vill. - Jairampur, P.S.- Jhandapur, Dist.- Bhagalpur ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 3170 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- Jhandapur District- Bhagalpur ====================================================== Manish Kumar S/O Arun Sah @ Arun Kumar Residnet of Village- Kalasan, Ward No. 04, P.S.- Chousa, District- Madhepura. ... ... Appellant/s Versus 1. The State of Bihar 2. Bataso Devi W/O Punjabi Ravidas R/O Village- Jairampur, P.S- Bihpur, Dist.- Bhagalpur. ... ... Respondent/s ====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 2924 of 2025) For the Appellant/s : Mr. Davendra Kumar Pandey, Advocate Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026 2/4 For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. (In CRIMINAL APPEAL (SJ) No. 2998 of 2025) For the Appellant/s : Mr. Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. (In CRIMINAL APPEAL (SJ) No. 3170 of 2025) For the Appellant/s : Mr. Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 5 21-01-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. 2. The instant appeal has been filed by the appellants against the order dated 23.06.2025, 02.07.2025 and 23.06.2025 respectively passed by learned District and Additional Sessions Judge-III-cum-Special Judge SC/ST (POA) Act, Bhagalpur whereby the prayer for bail of the appellant in connection with Jhandapur P.S. Case no. 64 of 2025 under Sections 137(2), 140(1) of B.N.S. and Section 3(2) (va) of SC/ST Act was rejected. 3. The case of the prosecution is that as the respondent/complainant was having rest at her basa, five persons arrived there. Out of five, she identified Gurudev Mandal @ Sanoj Mandal, Ranjeet Kumar @ Chotu and three unknown. They asked about Punjabi Ravidas (husband of the complainant) and they took him on the point of gun, boarded him in a white car. It is further alleged that the complainant’s son, namely, Deepak Kumar had enmity Gurudev Mandal. They Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026 3/4 told that they will kill her husband. 4. It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. Learned counsel for the appellants have submitted that from perusal of the FIR, it is clear that only two persons are named in the FIR: they are Gurudev Mandal and Ranjeet Kumar @ Chotu. The name of these appellants is not there in the FIR. It has further been submitted that the name of these appellants has been surfaced in the confessional statement of co-accused, namely, Raja. In this case, the victim of this case has given his statement under Section 180 and 183 of the B.N.S.S. during investigation. In both the statements, he has named two more persons i.e., Ramesh Mandal (appellant) and Raja but he has not named the appellant, namely, Md. Aftab Alam and Manish Kumar. There is nothing against the appellant, namely, Md. Aftab Alam and Manish Kumar except the confessional statement of co-accused. Learned counsel for the appellant, namely, Ramesh Mandal has submitted that so far as this appellant is concerned, the role of this appellant has disclosed in the statement of the victim under Section 180 of B.N.S.S. wherein he has stated that he was kept at the house of this appellant. There is no role of this appellant in abducting the victim of this case. The victim was only kept at Patna High Court CR. APP (SJ) No.2924 of 2025(5) dt.21-01-2026 4/4 his house. A statement has been made in para-3 of this petition that the appellants have got no criminal antecedent. Moreover, they are languishing in judicial custody since 01.05.2025. 5. The appeals for bail is opposed by learned Spl. P.P. for the State. 6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of this case, the Court is inclined to allow these appeals. Accordingly, the appeals are allowed and the impugned order dated 23.06.2025, 02.07.2025 and 23.06.2025 respectively are hereby set aside. 7. The appellants are directed to be enlarged on bail in connection with Jhandapur P.S. Case No. 64 of 2025 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) on each of them with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur. Shubham/- (Ashok Kumar Pandey, J) U T