In Mahendra Rai alias Harendra Narain Singh & Ors vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices Sanjay Karol and N Kotiswar Singh delivered a 13-page long judgement dated May 26, 2026, wherein, it concluded:"28. We are satisfied that the prosecution has proved beyond reasonable doubt the ingredients of the offences charged against the appellants. The concurrent findings recorded by the Trial Court and affirmed by the High Court are based upon proper appreciation of evidence and do not suffer from any perversity warranting interference under Article 136 of the Constitution of India. 29. The brutality of the incident, in which five persons belonging to the same family lost their lives and several others including women and children sustained serious injuries, shocks the judicial conscience. The Courts below have rightly observed that the case leaves no room for misplaced sympathy or leniency. 30. In view of the foregoing discussion, we find no ground to interfere with the impugned judgment and order passed by the High Court. 31. Consequently, the appeals stand dismissed. 32. The surviving accused persons, except those who have been granted the benefit of juvenility by this Court or Courts below, are directed to surrender forthwith before the Trial Court concerned and serve the remaining part of their sentence. Their bail bonds, if any, stand cancelled."
The High Court's 142-page long judgement dated August 3, 2017 was delivered by Patna High Court's Division Bench of Justices Rakesh Kumar and Mohit Kumar Shah. It was authored by Justice Kumar.
The High Court's order dated recorded hat Vidya Nand Rai son of Bhujawan Rai, Ramadhar Rai, son of Subudh Lal Rai and Rama Nand Rai, son of Mahendra Rai were juvenile on the date of occurrence. Justice Kumar's judgement remitted their cases to the Juvenile Justice Board for imposing appropriate fine to be paid to the family of the victim. The trial court's sentence in respect of these three appellants was set aside. Their current fate is not known.
Referring to the judgement authored by Justice Kumar, Supreme Court observed: “The High Court has meticulously summarised the role of each accused person and identified those who ignited the straw, those who set the house on fire, those who chased the fleeing victims and those who inflicted fatal blows upon the deceased persons”. All the appellants were residents of village Jamalpur Kodai, Police Station Gaighat, District Muzaffarpur and they were convicted by 3rd Additional Sessions Judge, Muzaffarpur on June 5, 1989 in Sessions Trial No. 21 of 1985 and 127 of 1985.
Supreme Court asserted: "20. Having carefully considered the submissions advanced and upon perusal of the entire material on record, we find no merit in the appeals. 21. The High Court’s assessment of the evidence is detailed and reasoned.....23. The findings recorded by the High Court clearly establish that the accused persons constituted an unlawful assembly, were armed with deadly weapons and acted in furtherance of their common object of setting the house ablaze and causing death of members of the family of Chandra Shekhar Choudhary. 24. Once the common object of the unlawful assembly stands established, every member thereof becomes vicariously liable for acts committed in prosecution of such common object. The liability contemplated under Section 149 IPC squarely stands attracted in the facts of the present case."
With regard to Jagannath Ravidas, "both the Trial Court and the High Court have concurrently found that he had actively facilitated the commission of the offence by disarming the victims at a crucial stage and thereby emboldening the mob. We find no reason to take a different view."
The court dismissed the appeals filed by Mahendra Rai alias Harendra Narain Singh and others, the convicts had challenged the judgment of the High Court, which had upheld their conviction and life imprisonment awarded by the trial court. The incident occurred on the day of Holi in March 1983 in a village in Muzaffarpur district. A mob of at least 58 persons, armed with deadly weapons, surrounded the house of Chandra Shekhar Choudhary, set it on fire and brutally killed five persons while injuring several others, including women and children. The court noted that the evidence clearly established that the accused formed an unlawful assembly, were armed with lethal weapons, and acted in furtherance of their common object to set the house ablaze and cause the deaths. Once the common object is proved, every member becomes vicariously liable for the acts committed. The accused actively participated at different stages — surrounding the house, setting it on fire, chasing the victims, and assaulting them. Several appellants had died during the pendency of the appeals before the High Court, leading to abatement of their cases. It directed the surviving convicts — except those who received the benefit of juvenility — to surrender immediately before the trial court and serve the remaining part of their sentences.
The High Court had affirmed the conviction and sentence awarded by the Trial Court against the appellants in connection with a gruesome incident of mass violence which took place on March 29, 1983 in village Jamalpur Kodai, Gaighat, Muzaffarpur.
The incident was reported to the police, leading to registration of Gaighat P.S. Case of 1983. Upon completion of investigation, charge-sheets were laid and the accused persons were sent up for trial. Charges were framed against the accused persons under Sections 147, 148, 436, 302/149, 324/34, 323 and 379 of the Indian Penal Code, 1860. The accused Jagannath Ravidas, the then Circle Officer, was separately charged under Sections 302/109, 436/109, 379/109, 324/109 and 323/109 IPC on the allegation that he had actively abetted the commission of the offences.
The prosecution case disclosed that the genesis of the occurrence lay in an earlier dispute relating to a pumping set and refusal by the prosecution side to withdraw a criminal case concerning the alleged loot of a khesari crop. On the date of occurrence, which coincided with the festival of Holi, a large mob armed with deadly weapons including lathi, bhala, garasa and farsa surrounded the house of Chandra Shekhar Choudhary. At the relevant time Mahanth Indradeo Jyoti, one of the deceased, was attempting to defend the inmates of the house with his licensed gun and revolver. The prosecution had alleged that Jagannath Ravidas, the then Circle Officer, arrived at the place of occurrence, forcibly seized the licensed firearm and revolver from the deceased, displayed the same before the mob and thereby emboldened the assailants to proceed with the attack. Immediately thereafter, the mob allegedly set the house ablaze. The family members who attempted to flee from the burning house towards the southern field were chased and mercilessly assaulted by the members of the unlawful assembly. The investigation disclosed that Mahanth Indradeo Jyoti, Braj Bhushan Choudhary, Dr. Indranand Mishra, Lalan @ Ravi Bhushan Choudhary, and Anil Kumar Jha, died as a result of ante-mortem injuries sustained during the occurrence. The injured persons included Chandra Shekhar Choudhary, Mani Kumari, Uma Devi, Maheshwari Devi, Satyendra Jha, Saraswati Devi, Urmila Devi, Murti Devi, Ram Chandra Mahto, Abinash Choudhary, Dauli (child), Arvind Kumar, Usha Mishra, Rita Devi, Punam Kumari, Doyal Mona, Ajay Kumar Choudhary, Munish Kumar and others, many of whom had sustained grievous injuries. In support of its case, the prosecution examined 46 witnesses including numerous injured eyewitnesses. The defence examined 13 witnesses.
