Facts
The appellants, students at B.I.T. MESRA, Ranchi, were accused of murder and atrocities under Section 103/3(5) of the BNS, 2023, and Section 3(1)(r)(s) of the SC/ST Act.
Source reference: para. 2On 14.11.2024, an altercation occurred during a college party where the appellants allegedly assaulted Raja Paswan (the deceased) with fists and belts inside the campus.
Source reference: para. 6, 15Subsequently, the deceased scaled the boundary wall and was further brutally assaulted by a mob of local residents and a former student.
Source reference: para. 18, 22The college administration reportedly misled the parents by claiming the deceased was unconscious due to alcohol consumption rather than physical trauma.
Source reference: para. 9, 16, 23The deceased succumbed to injuries at RIMS Hospital on 15.11.2024. Previous bail applications were rejected in 2025; the current appeals challenge the rejection orders dated 28.01.2026 and 21.02.2026.
Source reference: para. 4, 12Issues
1. Whether the appellants are entitled to regular bail considering their duration of custody, student status, and the nature of the specific allegations against them.
Source reference: para. 12-452. Whether the negligence and concealment of facts by the college administration impacted the deceased’s chances of survival and the overall gravity of the case.
Source reference: para. 23, 30Law Applied
Principles of bail under the Bhartiya Nagarik Suraksha Sanhita (BNSS) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Source reference: no citationSection 103 BNS (Murder) as reflected in the Post-mortem report, which attributed death to head injuries and asphyxia.
Source reference: para. 28Article 21 of the Constitution concerning the right to life and safety in educational institutions.
Source reference: para. 36'Standard Operating Procedure' (SOP) for student safety mandated by the Hon'ble Supreme Court in SLP (Crl) No. 6378 of 2024 regarding mental health and suicide prevention.
Source reference: para. 39Reasoning
The Court observed that while the appellants were involved in the "first part" of the assault (altercation over a girl student), the "second part" involved a separate mob outside the campus that contributed significantly to the fatal injuries.
Source reference: para. 31, 32, 41The Court found that the BIT MESRA administration displayed gross negligence by misleading the parents about the cause of unconciousness (attributing it to alcohol) and failing to provide immediate specialized medical care, which might have saved the deceased's life.
Source reference: para. 23, 30The Court noted that a compensation of Rs. 20 Lakh had been paid to the victim's father by the institution.
Source reference: para. 33, 34Considering that the appellants had been in custody for approximately 18 months, were students, and that only 4 out of 19 witnesses had been examined, the Court determined that further incarceration "at this stage" was not warranted.
Source reference: para. 43-45Holding
The High Court allowed both appeals, setting aside the lower court's orders and granting bail to the appellants.
The appellants were directed to be released on a bail bond of Rs. 15,000 each with specific conditions: they must not indulge in similar crimes, must not leave Jharkhand without permission, must surrender passports, and must provide an undertaking to the trial court; additionally, the Court directed the State to file a compliance report regarding the enactment of statutes/SOPs for student health and safety by July 2026.
Source reference: para. 45, 47Original Court PDF
MAUSAM KUMAR SINGH ALIAS MAUSAM KUMARvsTHE STATE OF JHARKHAND
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in