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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (SJ) No. 871 of 2025

NipunTirkey, aged about 17 years, Son of KishunTirki and

petitioner is represented through his mother Anita Devi, R/o

Village Tigra (GariyaToli), P.O. Guru, P.S.- Ratu, District-Ranchi.

…… Appellant

Versus

1.The State of Jharkhand

2.Chandan Paswan, S/o Late ChandeshwarPaswan, resident of

SiyonNagar, KhorhaToli, Near Don Bosco School, I.T.I Gali,

KhorhaToli, Ranchi, P.O- Kokar, P.S-Sadar, Distrct-Ranchi,

Jharkhand.

3. B.I.T. MESRA through Registrar, P.O. & P.S. B.I.T Meshra

(Sadar), Ranchi. …….Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Navin Kumar, Advocate

For the State :Mr. Rajesh Kumar, APP

For the Resp. No.2 : Mr. Sanjay Kr. Thakur, Advocate

For the B.I.T. MESRA: Mr. Srijit Choudhary, Advocate

-----------

CAV on:30

th

January 2026 Delivered on:19.02.2026

This Criminal Appeal has been filed on the behalf of the

appellant challenging the order dated 11.09.2025 passed in

Misc. Cr. App. No. 1799 of 2025, arising out of Children Case

No.14 of 2025 (corresponding to Sadar (Mesra O.P.) P.S. Case

No. 495 of 2024) by Sri Birendra Kumar Srivastava, learned

Additional Judicial Commissioner-IV-Cum-Special Judge

POCSO, Ranchi 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

appellant has been rejected.

2. 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

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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 3

rd

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

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.

He also alleged that his deceased son always used to

inform him that the students of B.I.T MESRA used to abuse him

in the name of Dalit/Harijan and assault him by making him

naked and hence strict actions may be taken against the

concerned accused persons.

3. Heard Mr. Navin Kumar, learned Counsel for the

Appellant, Mr. Rajesh Kumar, learned APP for the State,

Mr. Sanjay Kr. Thakur, learned counsel for the Respondent

No.2 and Mr. Srijit Choudhary, learned counsel for the

Respondent No.3- B.I.T MESRA.

4. Learned counsel for the appellant has submitted that the

appellant is innocent and has committed no offence and has been

falsely implicated in this case. It is submitted that there is not

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named in the FIR and no any specific allegation is attributed

against the appellant. It is submitted that no incriminating article

has been recovered from the possession of the appellant. It is

submitted that the appellant has not himself given confessional

statement to the police however the police had forcefully got his

false confession recorded which has no evidentiary value. It is

submitted that the appellant is also a member of Scheduled Tribe

and hence no case under provision of SC/ST Act is made out

against the appellant and social investigation report is not

against the appellant. It is further submitted that the appellant

has no criminal antecedent.

5. Learned counsel for the appellanthas further submitted that

there is no public view of the abuse against the appellant in the

instant case. It is submitted that the informant in his written

report had not stated any over-act against appellant. It is

submitted that there is no reason of alleged occurrence and the

informant hascreated false story and lodged FIR against the

appellant without any fault. It is submitted that the appellant is a

permanent resident of area and has own hearth and house and

there is no chance of his absconding or tampering with the

evidence if he is released on bail. It is submitted that the

appellant is only member of his family and only source of his

livelihood is farming. It is submitted that the appellant is in

custody since 23.11.2024 and hence he may be enlarged on bail.

6. Learned counsel for the State has opposed the prayer for

bail and submitted that there is no merit in this Appeal. It is

submitted that bail of co-accused persons namely, Mausam

Kumar Singh, Sahil Ansari, Irfan Ansari and Abhishek Kumar

have already been rejected by this Court vide order dated

12.08.2025 passed in Cr. Appeal (SJ) No. 149 of 2025, Cr.

Appeal (SJ) No. 198 of 2025, Cr. Appeal (SJ) No. 269 of 2025

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and Cr. Appeal (SJ) No. 364 of 2025 and the case of appellant

stands on the same and similar footing. It is submitted that from

perusal of the case diary Para-2 of case diary which is re-

Statement of the informant, it is clearthat 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 havefully supported the case of prosecution. It is

submitted that from perusal of the case diary Para-77 it is clear

that during his confessional statement, the appellant has

confessed his guilt. It is submitted that from perusal of the case

diary Para- 84 and 89, based on disclosure of the co-

accusedpersons, belts used for hitting the deceased had been

recovered and seizure is based on their confession.It is submitted

that Para-117 of the case diary refersPost-mortem report of the

deceased, cause of death is shown due to combined effect of

head injury and asphyxia as a result ofpressure over neck and

chest and their complications. It is submitted that after

investigation the case, police had submitted a charge sheet

against the appellant. It is submitted that the appellant along

with other co-accused were abusing the deceased Raja Paswanin

the name of caste and also brutally assaulted the son of the

informant and due to which, the son of the informant died. There

were marks of hitting with lathi, Danda and belt, on the body of

the deceased and hence the prayer for bail of the appellant may

be rejected.

7. It has been informed by Mr. Srijit Choudhary, learned

counsel for the B.I.T MESRA that B.I.T. MESRA has gone

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before the Hon’ble Supreme Court in challenging the order

dated 12.08.2025 passed in Cr. Appeal (SJ) No. 149 of 2025,

Cr. Appeal (SJ) No. 198 of 2025, Cr. Appeal (SJ) No. 269 of

2025 and Cr. Appeal (SJ) No. 364 of 2025 by this Court on the

point of payment of compensation of Rs.20,00,000/- (Rupees

Twenty Lakhs) to the Informant and his family members from

the College/University of the B.I.T. MESRA and the matter is

pending before the Hon’ble Supreme Court.

Learned counsel for the B.I.T. MESRA has also submitted

that he has to say nothing on merit and necessary order may be

passed.

8. On the other hand, learned counsel for the informant, after

adopting the submission of learned APP, has submitted that the

appellant is also one of the accused who had assaulted his son

namely, Raja Paswan. It is submitted that the deceased was

brutally assaulted by the co-accused persons and this appellant

due to which he died. It is submitted that till date, no

compensation has been paid to the Informant by the B.I.T

MESRA. It is submitted that the deceased namely, Raja Paswan

was only son of the Informant and now the Informant is residing

with his daughter who is also studying and due to act of the

appellant, he has lost sole son and hence the prayer for bail of

the appellant may be rejected.

9. Perused the FIR and case diary and considered the

submission of the learned counsel for the parties.

10. It transpires that bail of co-accused persons namely,

Mausam Kumar Singh, Sahil Ansari, Irfan Ansari and Abhishek

Kumar has been rejected by this Court vide order dated

12.08.2025 passed in Cr. Appeal (SJ) No. 149 of 2025, Cr.

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Appeal (SJ) No. 198 of 2025, Cr. Appeal (SJ) No. 269 of 2025

and Cr. Appeal (SJ) No. 364 of 2025.

11. It appears that informant-Chandan Paswan (father of the

deceased son Raja Paswan) had lodged F.I.R on 17.11.2024

alleging therein that on 14.11.2024 at around 8.00 p.m. in the

night his deceased son Raja Paswan, student of B.I.T MESRA

Polytechnic College 3

rd

Semester, informed him to arrive

immediately at the College as some students were abusing him

in the name of Harijan and after some time Prabhat Kumar,

Vice-Principal, Warden of BIT MESRA also informed him that

his son Raja Paswan is vomiting and has become unconscious

and thereafter the informant along with his wife Gayatri Devi

arrived by Auto Rickshaw to BIT Hostel and found his son to be

unconscious and for vomiting. Then he brought his son to his

house and next dayhe got admitted him to RIMS Hospital,

Ranchi where his son died during course of treatment. He had

seen the signs of assault by Lathi, Danda and Belt on the whole

body of his son and his son used to inform him that some

students of the College used to abuse him in the name of

Dalit/Harijan and assault him by making him naked. The

informant requested the Officer In-charge of Police Station to

take action against the accused persons and administration of

BIT MESRA.

12. It appears that though appellant is not named in the FIR,

however, during Police investigation his name came to surface

and he was remanded before the learned Court below on

23.11.2024 by the Sub-Inspector, MESRA O.P, Ranchi.

13. It appears that name of the appellant transpired in this case

on the basis of statement of Rajendra Mahto (Assistant Warden

of Hostel No.1), Anuj Mahto, Sumit Mahto (another student of

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3

rd

Semester) and Deep Raj Shekhar, whose statements have

been made in para-19, 21, 22 and 23 of the case diary.

14. 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 organized on 14.11.2024

to welcome new students and College students were enjoying

the party, then in the meantime, one girl student ‘x’ (name not

disclosed), Student of C.S. Branch of 3

rd

Semester was taking

her photographs with one another student Rajiv then suddenly

theco-accused-Mausam Kumar Singh student of 5

th

Semester

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 he started

assaulting Rajiv then there was scuffle between Rajiv and co-

accused namely, Mausam Kumar Singh and he along with

security personnels arrived there and pacified the matter.

Thereafter, in the meantime, the deceased Raja Paswan came

also there and enquired as to who had assaulted Rajiv then the

co-accused namely, Mausam Kumar Singh alsotaunted upon the

deceased Raja Paswan and there was quarrel between deceased

Raja Paswan and co-accused namely, Mausam Kumar Singh

and then Nipun Tirkey (i.e. the appellant), Rajkumar Seth,

Yogesh Kumar, another co-accused-Abhishek Kumar and their

batch mates surrounded deceased Raja Paswan and assaulted

him by leg, shoe and belt, but he got the matter pacified and in

course of 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. However, in the meantime, a phone was

received in the mobile of deceased Raja Paswan, then Raja

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Paswan went outside the College by scaling the boundary wall

of CollegeCampus 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 3

rd

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, thereafter the CollegeManagement 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 to RIMS, Ranchi on

15.11.2024 where he died during course of treatment.

15. 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

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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

mob of local students by legs, shoes and belt and in spite of their

arrival they continuously assaulted Raja Paswan 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 thereafter the

CollegeManagement informed the family members of deceased

Raja Paswan that Raja Paswan had taken wine in large

quantities and he has become unwell and family members of

Raja Paswan took him to house at Kokar and kept him there for

the whole night. On the next day the family members of

deceased Raja Paswan took him to RIMS Hospital, Ranchi and

where the Raja Paswan died during course of treatment, then the

family members of the deceased informed this fact to the BIT

MESRA O.P and after doing all the formality the family

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members of the deceased Raja Paswan lodged FIR on

17.11.2024.

16. 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 NipunTirkey (i.e. the appellant)

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 CollegeAdministration 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.

17. 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 co-accused persons

namely Mausam Kumar Singh and co-accused 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

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Hussain (iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj Anari (vi)

Rijwan Ansari (vii) Raja Ansari (viii) Sami Ansari (ix) Sahir

Ansari (x) Danish Anari (xi) Abdul Rakib (xii) Sohail Anari.

Even the CollegeAdministration had not disclosed the name of

any doctor for treating him at medical dispensary of BIT

MESRA, Main Campus.

18. Witness Rajendra Mahto (para-19 of the case diary) is

posted on the post of 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 3

rd

Semester of Computer Science Branch was getting

her photograph with one Rajiv then suddenly Mausam Kumar,

student of 5

th

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 co-

accused Mausam Kumar Singh 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 enquired as to who assaulted Rajiv then

said Mausam Kumar Singh claimed to assault him and he also

started assaulting him and then Nipun Tirkey (i.e. the appellant)

and co-accused persons Rajkumar Seth, Yogesh Kumar,

Abhishek Kumar, who were friends of co-accused Mausam

Kumar Singh 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

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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 then 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

CollegeManagement called for a meeting of all the students and

enquired about the quarrel and while they were making enquiry

from the students of 3

rd

Semester then in the meantime,

deceased Raja Paswan became unconscious and then he

informed about this to the Director of the College and 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

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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 then 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.

19. 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 co-accused persons

namely Mausam Kumar Singh, Abhishek Kumar and Sahil

Ansari.

20. Thus, from the statement of even Rajendra Mahto, it

would appear that the CollegeAdministration has concealed the

fact of assault sustained by the deceased Raja Paswan at the

hands of the co-accused-Mausam Kumar Singh and Abhishek

Kumar and subsequently they also concealed the brutally assault

sustained 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 Anari (xi) Abdul Rakib (xii) Sohail

Anari. The College Administration has not disclosed the name

of any doctor for treating him at medical dispensary of BIT

MESRA, Main Campus.

21. 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

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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, student of 5

th

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

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 (para-

18 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 overpowering them due to being much in number and

thereafter on hearing their alarm, the 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

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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 3

rd

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

large quantities due to which he is not wells 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, he was taken to RIMS, Ranchi 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.

22. 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 has taken wine in large quantities due to

which he has become unwell. Had they stated or narrated the

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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.

23. 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

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.

24. 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 3

rd

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 co-accused persons namely Mausam Kumar Singh and

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17

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.

25. From perusal of statement of witnesses namely, student

‘X’ (student of 3

rd

Semester of C.S. Branch), Raja Soni (student

of 3

rd

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 co-accused namely,

Mausam Kumar Singh had 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 3

rd

Semester, para-52) stated the same fact as 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.

26. Para-73 and para-76 are the confessional statements of the

co-accused namely, Mausam Kumar Singh and co-accused-

namely, Abhishek Kumar recorded on 22.11.2024. The co-

accused 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 co-accused

Abhishek Kumar and who is also alleged to have confessed

before the police for assaulting the deceased Raja Paswan along

with Mausam Kumar in association with Nipun Tirkey-(the

appellant herein) and other friends. He had assaulted the

2026:JHHC:5083

18

deceased Raja Paswan due to which shirt of Raja Paswan was

torned.

Para-77 is the confessional statement of the appellant

Nipun Tirkey who is also alleged to have assaulted deceased

Raja Paswan along with co-accused namely, Mausam Kumar.

27. 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 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.

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19

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 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.

2026:JHHC:5083

20

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.

28. 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, 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

picture to the parents and family members of the deceased,

rather 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

co-accused persons namely, Mausam Kumar Singh, Abhishek

Kumar, Sahil Ansari and Irfan Ansari.

29. 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 havetaken 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

2026:JHHC:5083

21

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

Collegeadministration 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

negligence andlapses on the part of the College administration

also.

30. It appears from the case diary that the appellant namely,

Nipun Tirkey alongwith co-accused Mausam Kumar Singh, Raj

Kumar Seth, Yogesh Kumar, Abhishek Kumar and the appellant

was 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.

31. 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 Anari (xi) Abdul Rakib (xii)

Sohail Anari and thereafter the death was taken place.

32. It appears that the appellant is in custody since 23.11.2024

i.e. more than One (01) Year and Three (03) Months.

33. This Court has rejected the bail of the co-accused Mausam

Kumar Singh and Abhishek Kumar who had earlier filed Cr.

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22

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’.

34. However, the bail of the other co-accused Sahil Ansari and

Irfan Ansari, who had filed Cr. Appeal (SJ) No. 198 of 2025 and

Cr. Appeal (SJ) No. 269 of 2025 vide order dated 12.08.2025,

were rejected on merit without giving any observation.

35. This Court had further directed the Authorities of BIT

MESRA University, Ranchi to pay the compensation of

Rs.20,00,000/- (Rupees Twenty Lakhs) to the Informant by way

of interim compensation.

36. This Court had further directed for framing guidelines for

maintaining the Colleges/Schools with regard to the Medical

Facilities and Security of the Students including girl students in

Paragraph-88 and 89 of its order dated 12.08.2025 passed in Cr.

Appeal (SJ) No. 149 of 2025, Cr. Appeal (SJ) No. 364 of 2025,

Cr. Appeal (SJ) No. 198 of 2025 and Cr. Appeal (SJ) No. 269 of

2025.

37. Considering the custody of the appellant and the facts and

in the circumstances of this case, the appellant namely, Nipun

Tirkey is directed to be released on bail, on furnishing bail

bonds of Rs.15,000/- (Rs. Fifteen Thousand) with two sureties

of the like amount each, to the satisfaction of learned Additional

Judicial Commissioner-IV-cum-Spl.-cum-Special Judge

POCSO, Ranchi in connection with Children Case No.14/2025,

Sadar (Mesra O.P.) P.S. Case No.495 of 2024, subject to the

condition that one of the bailorsmust be the own relative of the

appellant and also subject to the condition that one of the bailors

must be having landed property in his/her own specific name

and also subject to the condition that the appellant will deposit

2026:JHHC:5083

23

the passport, if any and shall not leave the country without prior

permission of the learned Court below 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.

38. However, this Court is not satisfied with the approach of the

State Administration as well as District Administration and till

date the Director General of Police, State of Jharkhand has only

submitted the draft copy of SOP on 29.01.2026 by filing the

affidavit to be followed for the security of the College Campus.

The State has also not producedany SOP prepared by the

Education Department for maintaining law and order in the

College Campus including B.I.T. MESRA.

39. Accordingly, this Court directs the State Authorities

including District Administration i.e. Deputy Commissioner,

Ranchi, Senior Superintendent of Police, Ranchi to pay Rs.

5,00,000/- (Rupees Five Lakhs) by way of interim compensation

to the Informant and his wife for the present.

40. This Court has already passed the order for grant of

compensation of Rs.20,00,000/- (Rupees Twenty Lakhs) to the

Informant from B.I.T. MESRA and hence this compensation will

be in addition to the parents of the deceased in the light of the

order dated 12.08.2025 passed inCr. Appeal (SJ) No. 149 of 2025

and others analogous cases by which the compensation

Rs.20,00,000/- has been directed to be paid to the parents of the

deceased the Authorities of the B.I.T. MESRA.

41. Thus, Cr. Appeal (S.J) No. 871 of 2025 is allowed with the

direction mentioned above.

(Sanjay Prasad, J.)

RKM/-

Dated: 19.02.2026