MAUSAM KUMAR SINGH ALIAS MAUSAM KUMAR vs THE STATE OF JHARKHAND
- Court
- Jharkhand High Court
2026:JHHC:15277
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 215 of 2026
….
Mausam Kumar Singh @ Mausam Kumar, aged about 19 years,
S/o Sri Vijay Kumar Singh, R/o Village- Mayapur, PO-
Gulabjhari, PS- Nawdiha (Bazar), District- Palamu (Jharkhand)
…… Appellant
Versus
1. The State of Jharkhand
2. Chandan Paswan aged about 38 years, S/o late Chandrashekhar
Paswan, resident of Semon Nagar, Kohratoli, Kokar, Near Don
Basco School, ITI, Galli, PO- Kokar, PS- Sadar, District- Ranchi,
Jharkhand ..… Respondents
With
Cr. Appeal (SJ) No. 258 of 2026
….
Abhishek Kumar, aged about 19 years, Son of Nirmal Kumar
Singh, Resident of Near Cambrian School, Rani Began, Bariatu,
Post Office- Bariatu, Police Station, Bariatu, District- Ranchi
…… Appellant
Versus
1. The State of Jharkhand
2. Chandan Paswan S/o late Chandrashekhar Paswan , resident of
Sion Nagar, Khorhatoli, Near Don Basco School, ITI, Gali, Hehal,
Post Office- Hehal, Police Station- Sadar, District- Ranchi,
..… Respondents
-----
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
-----
For the Appellants : Mr. A. K. Kashyap, Senior Advocate
Mrs. Supriya Dayal, Advocate
[ Cr. Appeal (SJ) No. 215 of 2026 ]
Mr. Ranjan Kumar Singh, Advocate
[ Cr. Appeal (SJ) No. 215 of 2026 ]
For the State : Mr. Rajesh Kumar, A. P. P.
[in both cases]
For the Informant : Mr. Sanjay Kumar Thakur, Advocate
[in both cases]
……
05/13.05.2026 It appears that office has wrongly placed the counter
affidavit/written statement filed on behalf of the State of
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Jharkhand, which has been filed in Cr. Appeal (DB) No. 215 of
2026 on 30.04.2026.
Let it be detached from the records of this instant
Cr. Appeal (SJ) No. 215 of 2026 and be placed before the
appropriate case by the office.
2. These Criminal Appeals i.e. Cr. Appeal (SJ) No.215 of
2026 and Cr. Appeal (SJ) No.258 of 2026 have been heard
together and are being disposed of together as they arise by the
common F.I.R. dated 17.11.2024 instituted under section
103/3(5) of BNS, 2023 and section 3(1)(r)s) of the Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act by the
Informant namely Chandan Paswan on account of death of his
son Raja Paswan in the campus of B.I.T MESRA, Ranchi and
who later on succumbed to his injuries.
3. Cr. Appeal (SJ) No.215 of 2026 has been filed on
behalf the appellant- Mausam Kumar Singh, who is a student of
th
5 Semester of B.I.T. MESRA, Ranchi and Cr. Appeal (SJ)
No. 258 of 2026 has been filed on behalf of the appellant-
rd
Abhishek Kumar. who is also a student of 3 Semester of
Diploma in E.C Branch at B.I.T MESRA, Ranchi.
4. Cr. Appeal (SJ) No.215 of 2026 has been filed on the
behalf of the appellant- Mausam Kumar Singh challenging the
order dated 28.01.2026 passed in Misc. Cr. App. No. 114 of
2026 by Sri Shyam Nandan Tiwari, learned Additional Judicial
Commissioner-II-Cum-Special Judge SC/ST, Ranchi and
Cr. Appeal (SJ) No.258 of 2026 has been filed on the behalf of
the appellant-Abhishek Kumar challenging the order dated
21.02.2026 passed in Misc. Cr. App. No. 361 of 2026 by
Sri Shyam Nandan Tiwari, learned Additional Judicial
Commissioner-II-Cum-Special Judge SC/ST, Ranchi in
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connection with Sadar (Mesra) P.S. Case No. 495 of 2024)
instituted under Section 103/3(5) of BNS Act and under Section
3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act [hereinafter to be referred as
S.C./S.T. Act] by which the prayer for bail of the appellants have
been rejected.
5. Heard Mr. A. K. Kashyap, learned Senior Counsel
appearing in Cr. Appeal (SJ) No. 215 of 2026 and Mr. Ranjan
Kumar Singh, learned counsel appearing in Cr. Appeal (SJ) No.
258 of 2026, Mr. Rajesh Kumar, learned APP for the State in
both the above criminal appeals, Mr. Sanjay Kr. Thakur, learned
counsel for the Respondent No. 2 in both the above criminal
appeals.
6. The prosecution case, in brief, is that on 17.11.2024 the
informant Chandan Paswan had submitted written application
before the Officer In-charge of B.I.T MESRA, O.P, Ranchi for
instituting a case of murder against some unknown students and
College Administration of BIT MESRA by stating therein that
on 14.11.2024 at around 8.00 p.m. in the night his son Raja
Paswan, who was the student of 3rd Semester of B.I.T MESRA,
Polytechnic College, had asked him on telephone to arrive
immediately there because some students are abusing him in the
name of Dalit and Harijan. He also stated that after some time
even he had been informed by the Vice-Principal Warden
Prabhat Ranjan Mahto of B.I.T MESRA that his son (i.e. Raja
Paswan) is doing vomiting and is becoming unconscious and
then the informant along with his wife Gayatri Devi arrived at
B.I.T Hostel by the Auto Rickshaw and saw that his son (i.e.
Raja Paswan) is becoming unconscious and is vomiting.
Thereafter they brought him to their house in the night and on
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the next day they took him to RIMS Hospital and where in
course of treatment his son died. He also stated that there are
signs of assault by Lathi, Danda and Belt in the whole body of
his son and hence strict actions may be taken against the
concerned accused persons.
7. It has been submitted by learned Senior Counsel
appearing on behalf of the appellant-Mausam Kumar Singh and
learned counsel appearing on behalf of the appellant-Abhishek
Kumar that earlier the prayer for bail of the appellants- Mausam
Kumar Singh, who had earlier filed Cr. Appeal (SJ) No. 149 of
2025 and Abhishek Kumar, who had earlier filed Cr. Appeal
(SJ) No. 364 of 2025 have been rejected by this Court vide
order dated 12.08.2025 with the observation ‘at this stage’.
8. It is further submitted that the appellants are innocent
and have committed no offence and have been falsely implicated
in this case. It is further submitted that the appellant- Mausam
Kumar Singh [Cr. Appeal (SJ) No.215 of 2026], who is a student
th
of 5 Semester of B.I.T. MESRA, Ranchi and the appellant-
Abhishek Kumar [Cr. Appeal (SJ) No.258 of 2026], who is also
rd
a student of 3 Semester of Diploma in E.C Branch at B.I.T
MESRA, Ranchi.
It is further submitted that other co-accused-Nipun
Tirkey has already been granted bail by this Court in Cr. Appeal
(SJ) No. 871 of 2025 vide order dated 19.02.2026. It is further
submitted that the case of the appellant stands on similar
footings. It is further submitted that the appellants have no
criminal antecedent. It is submitted that the appellants are in
custody since 23.11.2024 i.e. for more than one year and
undertake to abide the terms and conditions imposed by this
Court and hence they may be enlarged on bail.
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9. Learned counsel for the State has opposed the prayer
for bail and submitted that there is no merit in these Criminal
Appeals. It is submitted that the appellant- Mausam Kumar
Singh had assaulted the deceased- Raju Paswan by fists and
slaps and thereafter other students i.e. Abhishek Kumar and
Nipun Tirkey and other co-accused had assaulted the deceased-
Raju Paswan by fists and slaps severely and due to which the
deceased-Raju Paswan had sustained severe injuries and
succumbed to his death. It is further submitted that the deceased-
Raju Paswan had received multiple injuries on his person both
on external and internal due to the acts of the appellants and
other co-accused persons. It is submitted that from perusal of
Para-2 of the case diary which is statement of the informant, it is
clear that he has supported the allegations and other witnesses
namely, Sobhnath Dev, Gauri Shankar Giri, Prabhat Ranjan
Mahto, Rajendra Mahto, Anuj Mahto, Sumit Mahto, Deepraj
Shekhar, Sandeep Verma, Rajiv Kumar, Ayush Pritam, Yuraj
Kumar, Jitesh Karmali, Victim Girl ‘X’ and Raja Soni
respectively whose statements have been recorded at Para-7, 8,
18, 19, 21, 22, 23, 34 to 38, 50 & 52 of the case diary have fully
supported the case of prosecution. It is submitted that Para-117
of the case diary refers Post-mortem report of the deceased,
cause of death is shown due to combined effect of head injury
and asphyxia as a result of pressure over neck and chest and
their complications. It is submitted that after investigation the
case, police had submitted a charge sheet against the appellants
and hence the prayer for bail of the appellants may be rejected.
10. On the other hand, learned counsel for the informant,
after adopting the submission of learned APP, has submitted that
the appellants have deliberately assaulted the deceased - Raju
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Paswan, who is the son of the Informant and due to assault made
upon the appellants and other co-accused persons, the deceased-
Raja Paswan succumbed to injuries. It is submitted that the
Informant has received cheque of Rs. Twenty Lakh
(Rs. 20,00,000/-) from BIT, Mesra in light of the order dated
12.08.2025 passed in Cr. Appeal (SJ) No. 149 of 2025 along
with other analogous cases and encashed the same.
11. It is submitted that several witnesses have supported the
allegation against the appellants- Mausam Kumar Singh [Cr.
Appeal (SJ) No.215 of 2026] and Abhishek Kumar [Cr. Appeal
(SJ) No.258 of 2026] and who had assaulted the deceased –Raja
Paswan initially and thereafter the deceased –Raja Paswan
assaulted by other co-accused persons and hence the prayer for
bail of the appellant may be rejected.
12. Having heard learned counsels for the parties and from
going through the records, it appears that the appellant- Mausam
Kumar Singh [Cr. Appeal (SJ) No.215 of 2026] and the
appellant-Abhishek Kumar [Cr. Appeal (SJ) No.258 of 2026]
and other accused persons had assaulted the deceased- Raja
Paswan and due to which, he succumbed to injury at RIMS,
Ranchi. It appears that the appellants have moved before this
Court for grant of bail by filing Cr. Appeal (SJ) No. 149 of 2025
and Cr. Appeal (SJ) No. 364 of 2025 and this Court has rejected
the bail of the appellants Mausam Kumar Singh and Abhishek
Kumar vide order dated 12.08.2025 with the observation ‘at this
stage’.
13. It appears that though appellants are not named in the
FIR, however, during Police investigation their name came to
surface and they were remanded before the learned Court below
on 23.11.2024 by the Sub-Inspector, MESRA O.P, Ranchi.
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14. It appears that name of the appellants transpired in this
case on the basis of statements of Rajendra Mahto (Assistant
Warden of Hostel No.1), Anuj Mahto, Sumit Mahto (another
student of 3 rd Semester) and Deep Raj Shekhar, whose
statements have been made in para-19, 21, 22 and 23 of the case
diary.
15. Even, from perusal of statement of witness Gouri
Shankar Giri, Supervisor Security of BIT MESRA Polytechnic
College (para-8 of the case diary), it appears that he also
supported the FIR and stated that Fresher’s Party was being
organized on 14.11.2024 to welcome new students and the
College students were enjoying the party and then in the
meantime, one girl student ‘x’ (name not disclosed), Student of
C.S. Branch of 3rd Semester was taking her photographs with
one another student Rajiv then suddenly the appellant- Mausam
Kumar Singh student of 5thSemester saw them taking
photograph and he started assaulting Rajiv and forbade him
from taking photo with the said girl student ‘X’ (name not
disclosed) as she is his Lover and there was scuffle between
Rajiv and appellant namely, Mausam Kumar Singh. Thereafter
the appellant along with security personnels arrived there and
pacified the matter. However, in the meantime, the deceased
Raja Paswan came there and enquired as to who had assaulted
Rajiv then the the appellant namely, Mausam Kumar Singh also
taunted upon the deceased Raja Paswan and there was quarrel
between deceased Raja Paswan and the appellant namely,
Mausam Kumar Singh and then the co-accused Nipun Tirkey,
Rajkumar Seth, Yogesh Kumar, another Abhishek Kumar (i.e.
the appellant herein) and their batch mates surrounded deceased
Raja Paswan and assaulted him by leg, shoe and belt, but he got
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the matter pacified. However, due to assault, the shirt of Raja
Paswan was fully torned and then one Raja Soni, who was
roommate of Raja Paswan, handed over his jacket to deceased
Raja Paswan and all of them were going to hostel. Thereafter, in
the meantime, a phone was received in the mobile of deceased
Raja Paswan, then Raja Paswan went outside the College by
scaling the boundary wall of College Campus and who was
followed by Cook and Security Personnels of the College.
Thereafter he heard the alarm from outside then he along with
other security personnels went outside and found that the
deceased Raja Paswan and other students of the College namely,
Deep Raj Shekhar, Sumit Kumar, Anuj Kumar were being
assaulted by legs, shoes and belt by the local students by
forming the unruly mob and despite the arrival of College
security personnels they continuously used to assault deceased
Raja Paswan and other students. Thereafter a meeting was called
for by the CollegeAdministration and while the matter was
being enquired from the students of 3rd Semester then suddenly
Raja Paswan became unconscious then he informed this fact to
the Director of the College by phone. Thereafter, Raja Paswan
was sent to BIT Dispensary Main Campus, but seeing the
seriousness of his condition, the deceased Raja Paswan was
referred to RIMS, Ranchi and thereafter the information was
given to the family members of deceased Raja Paswan and who
arrived at the College campus. But, the College Management
informed the family members of deceased Raja Paswan that
Raja Paswan had taken wine in large quantity, due to which he
has become unwell and then the family members of deceased
took him to his house situated at Kokar and kept him there for
the whole night and on the next morning the deceased was taken
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to RIMS, Ranchi on 15.11.2024 where he died during course of
treatment.
16. From perusal of statement of witness namely, Somnath
Deogharia, Mess Supervisor at BIT MESRA Polytechnic
College (para-7 of the case diary), it would appear that he stated
that in the evening of 14.11.2024 a Fresher’s Party was
organized in the College for welcoming the new students and
while he was doing work in the Mess which is adjacent to
boundary then he heard the noise outside the boundary and upon
which, he along with Prabhat Ranjan Mahto (Assistant Warden
of Hostel No.2, BIT MESRA) and security personnels went
outside by scaling the boundary then he found that the deceased
Raja Paswan and other students namely Deep Raj Shekhar,
Sumit Kumar Mahto and Anuj Kumar were being assaulted by
the mob of local students by legs, shoes and belt and in spite of
their arrival they continuously assaulted Raja Paswan (i.e. the
deceased) and other students. However, when other security
personnels arrived there and the injured students were brought
inside the campus then the said mob fled away. Thereafter the
College Management called all the students in the meeting hall
and was enquiring about the assault then suddenly deceased
Raja Paswan became unconscious and upon which he informed
the said matter to the Director of the College and then deceased
Raja Paswan was sent to BIT Dispensary Main Campus for first
aid treatment and from when the Doctor seeing the seriousness
of his condition, referred him to RIMS, Ranchi for better
treatment. Thereafter the College Management informed the
family members of the Raja Paswan to arrive at the College and
upon their arrival they met him in the College campus and then
the College Management informed the family members of
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deceased Raja Paswan that Raja Paswan had taken wine in bulk
quantities and he has become unwell and family members of
Raja Paswan took him to their house at Kokar, Ranchi and kept
him there for the whole night. On the next day, when the family
members of deceased Raja Paswan took him to RIMS Hospital,
Ranchi, but Raja Paswan died during course of treatment and
then the family members of the deceased informed this fact to
the BIT MESRA O.P and after doing all the formality the family
members of the deceased Raja Paswan lodged FIR on
17.11.2024.
17. From going through the statement of said Prabhat
Ranjan Mahto, Assistant Warden of Hostel No.2, BIT MESRA
(para-18 of the case diary), it would appear that he appellant-
Mausam Kumar and his friends namely Nipun Tirkey, Rajkumar
Seth, Yogesh Kumar, appellant Abhishek Kumar had brutally
assaulted him by legs, shoes and belt. Thereafter while the
matter was being pacified then deceased Raja Paswan received a
call in his mobile made by one Deep Raj Shekhar (para-23 of
the case diary) and Raja Paswan, Deep Raj Shekhar, another
Abhishek Kumr and Sumit Kumar Mahto were brutally
assaulted by the co-accused-Sahil Ansari and the co-accused
Irfan Ansari and mob of 10-15persons by belt, shoes and legs
and they were so emboldened that despite presence of College
Security Personnels, they did not stop rather they continued to
assault them brutally. Thereafter the College Administration had
brought the deceased Raja Paswan and other students in the
campus and on seeing the condition of deceased Raja Paswan,
the College Administration informed the family members of
deceased Raja Paswan that the deceased had taken wine in bulk
quantities and has become unwell.
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18. Thus, from perusal of statement of Somnath Deogharia
and Prabhat Ranjan Mahto, it would appear that the College
Administration had misled the parents of the deceased Raja
Paswan and they had concealed the assault sustained by the
deceased Raja Paswan at the hands of the appellants persons
namely Mausam Kumar Singh and Abhishek Kumar and
subsequently they also concealed the brutal assault caused by
co-accused-Sahil Ansari and co-accused Irfan Ansari and his 12
other boys i.e. namely (i) Ekramul Ansari, (ii) Sehran Hussain
(iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj Ansari (vi) Rijwan
Ansari (vii) Raja Ansari (viii) Sami Ansari (ix) Sahir Ansari (x)
Danish Ansari (xi) Abdul Rakib (xii) Sohail Ansari. Even the
College Administration had not disclosed the name of any
doctor for treating him at medical dispensary of BIT MESRA,
Main Campus.
19. It also appears that the witness Rajendra Mahto (para-
19 of the case diary) is posted as the Warden of Hostel No.1,
BIT MESRA,has stated that a Fresher’s Party was organized for
new students in the College on 14.11.2024 and students of the
College were enjoying the party then student ‘X’ (name not
being disclosed) student of 3rd Semester of Computer Science
Branch was getting her photograph with, another Student one
Rajiv then suddenly Mausam Kumar (i.e. the appellant), student
of 5th Semester arrived there and started abusing Rajiv by
claiming that student ‘X’ (name not being disclosed) as is his
lover and why he is snapping photograph with her. Then the
appellant- Mausam Kumar Singh [Cr. Appeal (SJ) No. 215 of
2026] caught hold of collar of Rajiv and started quarreling but
the security personnels arrived there and set the matter at rest. In
the meantime, the deceased Raja Paswan came there and
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enquired as to who assaulted Rajiv then said Mausam Kumar
Singh claimed to assault him and he also started assaulting him
and then the appellant Abhishek Kumar [Cr. Appeal (SJ) No.
258 of 2026] and co-accused persons Rajkumar Seth, Yogesh
Kumar, Nipun Tirkey, who were friends of the appellant-
Mausam Kumar Singh [Cr. Appeal (SJ) No. 215 of 2026]
started assaulting the deceased Raja Paswan by legs, shoes and
belt by surrounding him then the witness got the matter pacified.
In course of assault, the shirt of Raja Paswan was fully torned
then one Raja Soni who was roommate of Raja Paswan gave
him a jacket and then all started going towards hostel. But in the
meantime, a phone suddenly came in the mobile of Raja Paswan
then Raja Paswan scaled the boundary of College campus by
running and who was followed by cook and security personnels
of the College. After some time, they heard the sound of
shouting and the security personnels went outside and found that
the deceased Raja Paswan and some students of the College
namely, Deep Raj Shekhar, Sumit Kumar Mahto and Anuj
Kumar were being brutally assaulted by some local boys by
forming mob and they were assaulting Raja Paswan, Deep Raj
Shekhar, Sumit Kumar Mahto and Anuj Kumar by legs, shoes
and belt and despite being forbade to do so, those boys
continuously assaulted Raja Paswan and other students. He
identified the co-accused-Sahil Ansari who was pass out student
of the College and he forbade him from assaulting them and
then co-accused Sahil agreed but his other friends did not agree
and they continuously assaulted them and thereafter further
security personnels of the College arrived there and the students
were brought inside the campus of the boundary wall and then
the said accused persons fled away. Thereafter the College
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Management called for a meeting of all the students and
enquired about the quarrel and while they were making enquiry
from the students of 3rd Semester then in the meantime, the
deceased Raja Paswan became unconscious and then he
informed about this to the Director of the College. Thereafter the
deceased Raja Paswan was sent to primary treatment before the
BIT MESRA Dispensary main campus and where the Doctor,
seeing the seriousness, referred into RIMS for better treatment.
Thereafter College Management informed the family members
of the deceased Raja Paswan to arrive immediately at the
College who live in mohalla Kokar and who arrived at the
College campus and thereafter the College Management
informed the family members of the deceased Raja Paswan that
deceased Raja Paswan had taken wine in large quantities due to
which he is unwell and whereupon the family members of Raja
Paswan took him to the house and took him in the whole night at
his residence at Kokar and in the next morning on 15.11.2024
the mother of Raja Paswan found his condition unwell and
thereafter the family members of the deceased took him to
RIMS Hospital, Ranchi where he died in course of treatment and
then family members of deceased Raja Paswan informed about
this to BIT MESRA O.P and after doing entire formality the case
was instituted on 17.11.2024.
20. From perusal of statement of Rajendra Mahto(para-19
of the case diary), Warden of Hostel No.1, it would appear that
he had stated the same and similar facts as stated by Prabhat
Ranjan Mahto by taking the name of the appellants namely
Mausam Kumar Singh, Abhishek Kumar and the co-accused
Sahil Ansari and others.
21. Thus, from the statement of even Rajendra Mahto, it
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would appear that the College Administration has concealed the
fact of assault sustained by the deceased Raja Paswan at the
hands of the appellants-Mausam Kumar Singh and Abhishek
Kumar and subsequently they also concealed the brutally assault
caused to the deceased-Raja Paswan by co-accused-Sahil Ansari
and the co-accused Irfan Ansari and his 12 other boys i.e.
namely (i) Ekramul Ansari, (ii) Sehran Hussain (iii) Sahil Ansari
(iv) Jabir Ansari (v)Sahbaj Anari (vi) Rijwan Ansari (vii) Raja
Ansari (viii) Sami Ansari (ix) Sahir Ansari (x) Danish Ansari
(xi) Abdul Rakib (xii) Sohail Ansari.
Even the College Administration has not disclosed the
name of any doctor for treating him at medical dispensary of
BIT MESRA, Main Campus.
22. From perusal of statement of witnesses i.e. College
students of BIT MESRA namely, Anuj Kumar Mahto, Sumit
Mahto and Deep Raj Shekhar, whose statements have been
recorded in para-21, 22 and 23 of the case diary, it would appear
that on 14.11.2024 they had gone outside the College campus by
scaling the wall secretly to take meal at BIT, Johar Dhaba and
while they were returning and just about the scale of the
boundary of the campus of the hostel then they saw that one
Abhishek Kumar, (another student) of 5th Semester of EEE
Branch was lying on the ground and when they wished him then
they received no reaction, then they asked the nearby local
people who were taking drugs, as to why they had assaulted him
(i.e. Abhishek Kumar) then those people started abusing and
assaulting him and they were 10-15 in numbers then witness
Anuj Kumar Mahto rang in the mobile of deceased Raja Paswan
and then Raja Paswan also came before them by scaling the wall
of the College campus and from where they used to come
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secretly and upon arrival of deceased Raja Paswan, all those 10-
15 people started assaulting him and when they protested then
those people taunted that Raja Paswan is Boss of them and he
had arrived to save them and hence those people brutally
assaulted Raja Paswan by leg, shoes and belt due to which he
become seriously injured. Upon hearing the noise of alarm, the
security personnels of the College, Prabhat Ranjan Mahto
(para18 of the case diary), Somnath Deogharia (para-7 of the
case diary) and Gouri Shankar Giri (para-8 of the case diary)
also arrived there by scaling the boundary of the College and
they also tried to save them from the clutches of the local people
but they were overpowered by them due to being much in
number and thereafter on hearing their alarm, other security
personnels also arrived there by scaling the wall and saved them
from the local people. He also stated that Prabhat Ranjan Mahto,
College Warden had identified one local pass out student co-
accused Sahil Ansari and to whom said Prabhat Ranjan Mahto
had asked him, to stop the assault. They further stated that
thereafter College Management called all the students in the
meeting hall to enquire about the quarrel in the College campus
and for which they were enquiring from the students of 3rd
Semester then suddenly the deceased Raja Paswan became
unconscious then they had informed the Director of the College
on telephone and thereafter Raja Paswan was sent to BIT
Dispensary, Main Campus for first aid treatment and from where
the doctor referred him to RIMS, Ranchi. Thereafter the College
Management had informed the family members of the deceased
Raja Paswan to immediately arrive at the College and when they
arrived at the College then they informed the family members of
the deceased Raja Paswan that Raja Paswan had taken wine in
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large quantities and due to which he is not well and upon which,
his family members took the deceased Raja Paswan to their
house and kept him at their residence for whole night. On the
next morning, the deceased-Raja Paswan was taken to RIMS,
Ranchi and where he died during course of treatment and then
the family members of Raja Paswan informed the BIT MESRA
O.P. about his death and then F.I.R was lodged on 17.11.2024.
23. Therefore, it is clear from the statements of Somnath
Deogharia, Prabhat Ranjan Mahto and Rajendra Mahto that on
the one hand they had concealed the fact of first part of brutal
assault inside the College campus upon the deceased Raja
Paswan on 14.11.2024 and again they concealed the second part
of brutal assault upon the deceased Raja Paswan, rather the
conduct of College Administration reveals that instead of taking
proper step by the management for getting him treated, they
allowed him to go with his parents by falsely stating that
deceased Raja Paswan had taken wine in large quantities due to
which he became unwell. Had they stated or narrated the actual
fact of brutal assault made upon the deceased Raja Paswan and
upon several other people, who were 10-15 in numbers, the
matter would have been different. The parents could see the
signs of assault of Belt, Lathi and Danda on 15.11.2024 at RIMS
upon the deceased Raja Paswan while he was under treatment
and the deceased had died due to negligence on the part of the
CollegeManagement and also due to assault made by these four
appellants and also the unruly Mob who were 10-15 in numbers.
24. It further appears from the statement of witness namely,
Sandip Verma, Rajiv Kumar, Ayush Priyam, Yuvraj Kumar and
Jitesh Karmali recorded at para- 34, 35, 36, 37 and 38 of the
case diary on 19.11.2024 and they have stated the same facts as
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has been stated by Somnath Deogharia (para-7 of the case
diary), Gouri Shankar Giri (para-8 of the case diary) and also
stated about the second part of the occurrence as stated earlier
by Prabhat Ranjan Mahto (para-18 of the case diary), Rajendra
Mahto (para-19 of the case diary), Anuj Kumar, (para-21 of the
case diary),Sumit Mahto (para-22 of the case diary) and Deep
Raj Shekhar (para-23 of the case diary.
25. Witness Sandip Verma was working as Supervisor
Security in BIT MESRA Polytechnic College whereas the
witnesses Rajiv Kumar, Ayush Priyam, Yuvraj Kumar and one
witness Jitesh Karmali were students of 3rd Semester. They have
also stated that the College Administration had informed the
family members of deceased Raja Paswan that Raja Paswan had
taken wine in large quantities due to which he become
unconscious and unwell. Thus, their statement also reveal that
BIT MESRA had concealed the fact of first brutal assault and
second brutal assault meted out to the deceased Raja Paswan by
the appellants namely Mausam Kumar Singh and Abhishek
Kumar at the first instance and subsequently by the co-accused
namely, Sahil Ansari and Irfan Ansari in the second brutal
assault along with 10-15 boys in number.
26. From perusal of statement of witnesses namely, student
‘X’ (student of 3rd Semester of C.S. Branch), Raja Soni (student
of 3rd Semester) recorded at para-50 and 52 of the case diary, it
would appear that even student ‘X’ had supported the first part
of the occurrence and had stated that the appellant namely,
Mausam Kumar Singh had an altercation with the another
student Rajiv Kumar which was pacified by the College Security
Guards and then she went to her hostel. However, witness-Raja
Soni (student of 3rd Semester, para-52) stated the same fact as
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has been stated by the witness Gouri Shankar Giri (para-8 of the
case diary). Hence the same is not being repeated here.
However, the evidence of Raja Soni also reveals that the family
members of deceased Raja Paswan were informed that Raja
Paswan had taken Alcohol in large quantities and it shows that
they had concealed the fact of first brutal assault and second
brutal assault.
27. Para-73 and para-76 are the confessional statements of
the appellants namely, Mausam Kumar Singh and Abhishek
Kumar recorded on 22.11.2024. The appellant namely, Mausam
Kumar Singh is alleged to have stated before the police for
having altercation between him and witness Rajiv Kumar (para-
35 of the case diary).
Para-76 is the confessional statement of the appellant
Abhishek Kumar [Cr. Appeal (SJ) No. 258 of 2026] and who is
also alleged to have confessed before the police for assaulting
the deceased Raja Paswan along with Mausam Kumar in
association with the co-accused Nipun Tirkey and other
friends. He had assaulted the deceased Raja Paswan due to
which shirt of Raja Paswan was torned.
Para-77 is the confessional statement of the Co-accused
Nipun Tirkey who is also alleged to have assaulted deceased
Raja Paswan along with appellant namely, Mausam Kumar.
28. Para-117 is the post mortem report of the deceased Raja
Paswan and it appears that the deceased had sustained as many
as nine (09) external injuries and eight (08) internal injuries.
The external injuries upon the person of the deceased
Raja Paswan are as follows:-
External:-
1. Abrasion, reddish in colour, measuring 0.5. cm x 0.5 cm, present over
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the nose on left side. 2. Abrasion, reddish in colour, measuring 1 cm x 0.5
cm,present over the face on left side, situated at a point 4 cm inner and 1
cm above the left tragus. 3. Abrasion, reddish in colour, measuring 0.5
cm x 0.5 cm,present over the forehead in midline, situated at a point 3.5
cm above the glabella. 4. Abrasion, reddish in colour, measuring 5 cm x
0.25 cm,present over the middle part of left cheek. 5. Contusion, reddish
blue in colour, measuring 4 cm x 3 cm, present involving the middle part
of left cheek. 6. Abrasion, reddish in colour, measuring 2 cm x 0.5 cm,
present over the neck on left side, situated at a point 9.5 cm below and 2
cm inner to left mastoid process. 7. Abrasion, reddish in colour,
measuring 0.5 cm x 0.5 cm, present over the front of right leg, situated at
a point 5 cm below the right knee joint. 8. Abrasion, reddish in colour,
measuring 1 cm x 0.5 cm, present over the front of right leg, situated at a
point 6 cm above the right ankle joint. 9. Abrasions, two in number,
reddish in colour, measuring 5 cm x 0.25 cm, and 0.5 cm x 0.25 cm
respectively, present over the front of right shoulder. Ligature mark:
Ligature mark (measuring 3 cm to 4 cm in width, and 23 cm in length),
horizontally situated involving the middle and lower part of neck, starting
at a point 8.5 cm below the left mastoid process and ending at a point 9
cm below and 2 cm away from external occipital protuberance of right
side. The ligature mark is situated 8.5 cm below the left mastoid process,
6 cm below the angle of mandible on left side, 7 cm above the
suprasternal notch and 6.5 cm below the symphysis menti in midline, 7
cm below the angle of mandible on right side, 11 cm below the right
mastoid process, and 9 cm below and 2 cm away from external occipital
protuberance of right side. Circumference of neck at the level of thyroid
cartilage is 37 cm.
The internal injuries on the person of the deceased Raja
Paswan have been found, as follows:-
Internal:-
1. Contusion, measuring 6 cm x 4.5 cm, present involving the parietal
region of scalp on left side. 2. Contusion, measuring 5 cm x 4 cm, present
involving the temporal and occipital region of scalp on right side. 3.
Right temporalis muscle contusion present. 4. Subdural blood and blood
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clots over right side of brain. 5. Contusion, measuring 1 cm x 0.5 cm,
present involving the sternohyoid muscle on right side. 6. Contusion,
measuring 2 cm x 1 cm, present involving the omohyoid muscle on right
side, and surrounding structures. 7. Contusion, measuring 1 cm x 0.5 cm,
present involving the omohyoid muscle on right side, and surrounding
structures. 8. Contusion, measuring 0.25 cm x 0.25 cm, present involving
the posterior aspect of cervical part of oesophageal wall on right side. 9.
Both the lungs are diffusely contused. 10.Stomach contains 100 ml of
blackish fluid. Stomach walls are congested. 11.Right kidney weighs 100
g; Left kidney weighs 100 g; Both the kidneys are congested. 12.All the
internal organs are congested.
The opinion of the doctor regarding the injuries and the
cause of death are as under:-
Opinion of medical officer as to the injuries being ante-mortem or post-
mortem, nature of probable weapons used, if any, cause of death, time
since death; and any additional relevant information
1. The above noted injuries are ante-mortem in nature.
2. Ligature mark is caused by ligature material.
3. Abrasions and contusions are caused by hard and blunt object (s).
4. Death is due to combined effect of head injury, and asphyxia as a
result of pressure over neck and chest, and their complications. However,
fiscera have been preserved for chemical analysis.
5. Time elapsed since death is 18 hours to 36 hours from the time of
post-mortem examination.
6. The viscera have been kept preserved. The Investigating Officer is
directed to collect and submit the preserved viscera to FSL for chemical
analysis, as soon as possible, preferably within three months.
7. Videography done by the inquest authority and the video
CD/cassette is in the possession of the same.
29. Thus, from going through the evidence of the witnesses
namely,Somnath Deogharia, Gouri Shankar Giri, Prabaht Ranjan
Mahto (Assistant Warden of Hostel No.2), Rajendra Mahto
(Assistant Warden of Hostel No.1), Anuj Kumar, Sumit Mahto,
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Deep Raj Shekhar Sandip Verma, Rajiv Kumar, Ayush Priyam,
Yuvraj Kumar, Jitesh Karmali, student ‘x’ (name not disclosed)
and Raja Soni, as has been mentioned at Paragraph Nos.7, 8, 18,
19, 21, 22, 23, 34, 35, 36, 37, 38, 50 and 52 of the case diary, it
would appear that even after sustaining the first brutal assault
and the second brutal assault, the deceased Raja Paswan, the
College authorities had failed to inform the real facts to the
parents and family members of the deceased, but they had
simply informed that the family members of the deceased Raja
Paswan has consumed huge alcohol/wine in large quantities and
due to which he has become unwell and is vomiting and they
had deliberately concealed the fact of sustaining assault on two
different occasions at the hands of the appellant namely,
Mausam Kumar Singh, Abhishek Kumar and the co-accused
persons Sahil Ansari and Irfan Ansari and others.
30. Thus, the approach of the College Administration is not
appreciated by this Court and the father of the deceased have
been shown negligent by them and they have taken very casual
approach and they had not paid any heed upon the physical
conditions and injuries sustained by the deceased Raja Paswan.
Had they got treated him at the earliest by admitting him to a
good reputed hospital either in RIMS, Ranchi or at any private
Hospital in Ranchi perhaps the life of the deceased could have
been saved. But the negligent approach of the College
administration reveals that they do not took seriously the life of
the student who ultimately succumbed to the injuries and they
claim to be innocent by putting the blame upon the parents and
family members of the deceased Raja Paswan by simply saying
that they had pressurized him to take into house instead of
taking into hospital to save their own skin. Thus, there is
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negligence and lapses on the part of the College administration
also.
31. It appears from the case diary that the appellants
namely, Mausam Kumar Singh and Abhishek Kumar alongwith
co-accused Nipun Tirkey, Raj Kumar Seth, Yogesh Kumar were
involved in the first occurrence for assaulting the deceased Raja
Paswan by legs, shoe and belt and due to which the deceased-
Raja Paswan son of the Informant was injured and the shirt was
torn.
32. It further appears that thereafter deceased- Raja Paswan
had received a call on his mobile phone from one of his friend
and then he went outside the campus of B.I.T MESRA by
scaling the wall and then he was assaulted by (i) Ekramul
Ansari, (ii) Sehran Hussain (iii) Sahil Ansari (iv) Jabir Ansari
(v)Sahbaj Anari (vi) Rijwan Ansari (vii) Raja Ansari (viii) Sami
Ansari (ix) Sahir Ansari (x) Danish Ansari (xi) Abdul Rakib (xii)
Sohail Ansari and thereafter the death was taken place.
33. It has been informed at bar by the learned counsel for
the Informant that Informant has received cheque of
Rs. Twenty Lakh (Rs. 20,00,000/-) from BIT, Mesra in light of
the order dated 12.08.2025 passed in Cr. Appeal (SJ) No. 149 of
2025 along with other analogous cases and which has been
encashed also.
34. It appear from the web copy of the order dated
23.03.2026 passed by the Hon’ble Supreme Court in Special
Leave Petition (Criminal) Diary No. (s). 8469 of 2026 that a
sum of Rs. Twenty Lakh (Rs. 20,00,000/-) has been paid to the
father of the deceased-student.
35. It further reveals that vide order dated 12.08.2025
passed in Cr. Appeal (SJ) No. 149 of 2025 along with other
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analogous cases, this Court has given various directions to the
Senior Officials i.e. the Principal Secretary, Higher and
Technical Education, Government of Jharkhand, the Principal
Secretary, Secondary Education, Government of Jharkhand and
Director General of Police, Jharkhand for smooth function of the
Office and also for the purpose of safety and security of students
in BIT Mesra and other Educational Institutes all over the State
of Jharkhand.
36. The State has filed counter affidavit on 13.04.2026 and
it has been stated in para-5, 6, 7, 8, 9, 10 and 11 as follows:-
“Para-5:-That in compliance of the abovementioned order, a
Standard Operating Procedure (SOP) for ensuring safety and
Security of Students in Higher Education Institutes of
Jharkhand was drafted by the Higher and Technical Education
and the SOP was sent to the Home department for their
comments/advise on the drafted SOP. The Home department
also sent its comments on the SOP and the department was in
process for finalizing and framing the guidelines through SOP.
Para-6:- That it is humbly submitted that in the meanwhile it
was observed by the department that a proper Statute is
required to enacted on Health and Mental being so that the all
the Universities follow a uniform law on health & mental well
being of the students and the government can monitor the
same carefully.
Para-7:- That it is also submitted that in the meanwhile the
Jharkhand State Universities Act, 2025 was also being enacted
which serves as an umbrella legislation regulating all the
universities in the state. Therefore, the department deemed it
proper that a statute be enacted on Health and Mental well
being.
Para-8:- That it is humbly submitted that in the meanwhile it
came to the knowledge of the department that the Hon'ble
Supreme Court vide its order dated 25.07.2025 in Criminal
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Appeal No. 3177/2025 arising out of SLP (crl) No. 378/2024,
in exercise of its power conferred upon it under Article 32 of
the Constitution of India for the enforcement of fundamental
rights and treating this pronouncement as law declared by the
Court under Article 141, has issued the guidelines on Mental
Health & Suicide prevention which shall remain in force and
be binding until such time as appropriate legislation and
regulatory frameworks are enacted by the state government.
The State government in its Letter No. 150 dated 26.03.2026
directed all State and Private Universities to immediately
comply within the directions of the Hon'ble Supreme Court on
Mental Health and Suicide Prevention and share the action
taken report by 10th April, 2026.
Para-9:- That it is humbly submitted that the Statute for Health
Care Management and Mental Wellbeing, 2025 was drafted
and shared with all the State Universities for comments on
same by 10th April, 2026 vide Letter No. 25 dated 19.01.2026.
The Department has received ATR and Comments from
24 State and Private Universities across the State, which are
being assessed for inclusion as suitable provisions in the
Statutes. The department shall notify the Statute within 3
months with approval from the Cabinet.
Para-10:- That it is humbly submitted that the delay has
incurred due to certain procedural regularities that was
required to be followed before enactment of the statue and the
same is neither deliberate nor intentional.
Para-11:- That it is humbly prayed that a further time of 12
weeks may kindly be granted to the state so that the statute on
health and mental well being may be enacted. The deponent
seeks leave of this Hon'ble Court to present the draft statute at
the time of hearing ng for reference of the Hon'ble Court.”
37. It further reveals that letter dated 28.01.2026 sent by
the Superintendent of Police, CID, Jharkhand, Ranchi to I.G.
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(Provision), Jharkhand, Ranchi with regard to preparing Draft
Comprehensive SOP and letter dated 28.01.2026 has been
enclosed as Annexure- A to the counter affidavit dated
13.04.2026.
38. It further reveals that letter dated 26.03.2026 sent by Sri
Sudhir Bara, Director, Department of Higher and Technical
Education, Jharkhand, Ranchi to the Registrar, all State
Universities and Private Universities of Jharkhand for sending
Compliance Report regarding adoption of these Guidelines by
the respective Private Universities, State Universities and its
Constituent and Affiliated Colleges as per format enclosed in
th
Annexure-2 with supporting documents by 10 of April, 2026
via email at [email protected] and letter dated
26.03.2026 has been enclosed as Annexure- B to the counter
affidavit dated 13.04.2026.
39. It further reveals that the Hon’ble Supreme Court has
taken note of suicide being committed in the various
Colleges/Universities all across the country in Medical Colleges,
th
Engineering Colleges and other institutions vide order dated 25
July, 2025 in SLP (Crl) No. (s). 6378 of 2024.
40. So far as the merit of this case is concerned, the
appellants are said to have assaulted the deceased-Raja Paswan
i.e. the son of the Informant by fists and slaps.
41. However, the deceased has survived for some time and
thereafter the deceased- Raja Paswan received telephonic call
from other friends and Raja Paswan came outside the College
campus i.e. BIT Mesra by scaling the wall and the co-accused-
Sahil Ansari in Criminal Appeal (SJ) No. 198 of 2025 and the
co-accused Irfan Ansari in Criminal Appeal (SJ) No. 269 of
2025 and twelve (12) other boys i.e. namely (i) Ekramul Ansari,
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(ii) Sehran Hussain (iii) Sahil Ansari (iv) Jabir Ansari (v)Sahbaj
Anari (vi) Rijwan Ansari (vii) Raja Ansari (viii) Sami Ansari
(ix) Sahir Ansari (x) Danish Ansari (xi) Abdul Rakib (xii) Sohail
Ansari had assaulted the deceased- Raja Paswan and due to
which he died.
42. It further appears that the appellant- Mausam Kumar
rd
Singh [Cr. Appeal (SJ) No.215 of 2026] is a student of 5
Semester of B.I.T. MESRA, Ranchi and the appellant-Abhishek
rd
Kumar [Cr. Appeal (SJ) No.258 of 2026] is also a student of 3
Semester of Diploma in E.C. Branch at B.I.T MESRA, Ranchi.
43. It further reveals from the pleadings of the Cr. Appeal
(SJ) No. 215 of 2026 that out of nineteen (19) chargesheet
witness, four (4) witnesses have been examined during trial so
far.
44. It appears that the appellants are in custody since
23.11.2024 i.e. for around One (01) Year and Six (06) Months.
45. Considering the fact that this Court has rejected the bail
of the appellants- Mausam Kumar Singh and Abhishek Kumar
who had earlier filed Cr. Appeal (SJ) No. 149 of 2025 and Cr.
Appeal (SJ) No. 364 of 2025 vide order dated 12.08.2025 with
the observation ‘at this stage and the appellants are students of
BIT, Mesra and on the facts and in the circumstances of this
case, the appellant namely, Mausam Kumar Singh [Cr. Appeal
(SJ) No. 215 of 2026] and the appellant- Abhishek Kumar[Cr.
Appeal (SJ) No. 258 of 2026] are directed to be released on bail,
on furnishing bail bonds of Rs.15,000/- (Rs. Fifteen Thousand)
each with two sureties of the like amount each, to the
satisfaction of learned Additional Judicial Commissioner-II-
cum-Special Judge, SC/ST Act, Ranchi/ or his Successor Court
in connection with Sadar (Mesra) P.S. Case No.495 of 2024,
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subject to the condition that one of the bailors must be the own
relative of the appellants and the appellants shall also file
Undertaking before the learned Court below that they will not
get indulged in such type of crime in future again, otherwise
prosecution will be at liberty to take steps for cancellation his
bail and the appellants shall not tamper with the witnesses
during trial and also subject to the condition that the appellants
will deposit their respective passports, if any and they shall not
leave the State of Jharkhand without prior permission of the
learned Court below and if there is need for higher education,
they will not leave the State of Jharkhand or Country without
prior permission of the Civil Courts, Ranchi and his bailors shall
submit their respective Aadhar Cards and their Mobile Numbers
before the learned Trial Court below and they shall not change
their Mobile Numbers till the conclusion of trial.
46. Thus, Cr. Appeal (S.J) No. 215 of 2026 and Cr. Appeal
(S.J) No. 258 of 2026 are allowed with the direction mentioned
above.
st
47. State is directed to file compliance report in the 1
Week of July, 2026, which has been filed in the counter affidavit
dated 13.04.2026, after seeking necessary approval from the
Cabinet.
48. Let the copy of this order be given to the learned
counsel for the State for the needful.
(Sanjay Prasad, J.)
Dated 13.05.2026
Kamlesh/
27