IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4722 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Munni Paswan @ Mundrika Paswan Son of Late Sahdev Paswan Village -Pran Bigha PS- Muffasil Distt -Nawada ... ... Appellant/s Versus 1. The State of Bihar 2. Vyas Muni Son of Sanjay Manjhi Resident of village- Dedaur Tola Krishna Nagar, Ps- Muffasil, Dist- Nawada ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjay Kumar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 5 19-02-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Perused the case diary. 2. The instant appeal has been filed by the appellant against the order dated 04.11.2025 passed by learned Exclusive Special Judge, Special Court, SC/ST (PoA) Act, Nawada whereby the prayer for bail of the appellant in connection with Muffasil PS Case No. 372 of 2024 instituted under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 351(3), 326(g), 303(2), 111(3) & 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026 2/5 Section 27 of the Arms Act and Sections 3(i), 3(i)(f), 3(i)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of SC/ST Act was rejected. 3. The prosecution case alleges that the informant, along with about 60 families residing on government land at Krishna Nagar since 2015, was attacked on 18-08-2024 by 60– 70 armed persons who opened fire, assaulted villagers, and set their huts on fire. As a result, 35 houses, including that of the informant, were completely destroyed and looted.. 4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case merely due to land dispute. Learned counsel for the appellant further submits that the appellant was not apprehended on the spot and nothing incriminating has been recovered from their conscious possession. There is a pre- existing land dispute between the parties being Title Suit No. 22/1995. There is no specific or direct allegation of any overt act against the appellant rather the same is general and omnibus in nature. The appellant has no concern with the alleged occurrence. As per allegation made in the F.I.R., there was indiscriminate firing at the place of occurrence but, it is surprising to note herein that not a single person has sustained Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026 3/5 fire-arm injuries in the alleged occurrence. There is not an iota of evidence which shows the indulgence of the appellants in the alleged occurrence. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 22.07.2025 and has no criminal antecedent. 5. Learned Special P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the appellant, stating that the offence alleged against the appellant are serious in nature. The appellant is named in the F.I.R. As per allegation, the appellant is part of land Mafia syndicate and is accused of forcibly attempting to evict the Informant and others from their homes, illegally occupying government land using forged documents and generating substantial profits from these criminal activities. The police has also recovered altogether four shells, two pellets as also misfired .315 bullet from the place of occurrence. The offence alleged is a heinous crime in which the homes of approximately sixty families were set on fire by the accused persons including the appellants. Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026 4/5 6. Having heard learned counsel for the parties, this Court is of the view that the offence alleged is a heinous crime in which the altogether homes of 60 families were set on fire by the accused persons including the appellant. It appears that the attempts have been made by the accused persons including the appellant of illegally removing the Informant’s side from their houses. The incident implies organized crime as large number of individuals are the subject of accusations, potentially involving threats, corruption and fraudulent activities to acquire the land in which 35 houses were completely destroyed by setting on fire in a planned manner and also looted the valuables from the place of occurrence. 7. Considering the aforesaid facts and circumstances of the case as also taking into account the nature and gravity of the offence, this Court, at this stage, is not inclined to allow this appeal. Accordingly, the prayer for bail of the appellant is hereby rejected. In the result, the appeal stands dismissed with a direction to the court below to expedite the trial and conclude the same expeditiously. 8. However, appellant will be at liberty to renew his prayer for bail in the Court below, if the trial is not concluded within a period of three months from the date of Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026 5/5 receipt/production of a copy of this order. Raj Kishore/- (Rudra Prakash Mishra, J) U T