IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4820 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Jamuna Chouhan @ Yamuna Chouhan S/o Late Khiru Chouhan R/o Village - Lohani Bigha, P.S - Muffasil, District - Nawada ... ... Appellant/s Versus 1. The State of Bihar 2. Beyas Muni S/o Sanjay Manjhi R/o Village - Dedour Tola, Krishna Nagar at River, P.S - Muffasil, District - Nawada ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pintu Kumar Patel, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 01-05-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. The instant appeal has been filed by the appellant against the order dated 24.09.2025 passed by learned Exclusive Special Judge, Special Court, SC/ST (Prevention of Atrocities) Act, Nawada whereby the prayer for bail of the appellant in connection with Muffasil P.S. Case No. 372 of 2024 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, Section 27 of the Arms Act and Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of the SC/ST Act was rejected. Patna High Court CR. APP (SJ) No.4820 of 2025(3) dt.01-05-2026 2/4 3. Earlier, vide order dated 30.01.2025 passed in Cr. Appeal (SJ) No. 5651 of 2024, the prayer for grant of bail to the appellant was rejected by this Court. This is the second attempt of the appellant for grant of bail. 4. The prosecution case, in brief, is that the Informant and about 60 families of Krishna Nagar were living since 2015 in a small hut-like houses on government land by the river bearing Khata No. 226 and Plot 2278/2470. It is alleged that on September 18, 2024, at 6:30 PM, 60-70 named and unnamed individuals, armed with pistols, sticks and petrol, attacked the village, opened fire on the villagers as also assaulted them, including women and children. The attackers set on fire the houses, vandalized them and looted whatever money and valuables they found. When the villagers approached to save their property, all the attackers started firing upon them. Altogether, 35 homes including Informant’s were completely destroyed and looted. 5. Learned counsel mainly contended that appellant has no criminal antecedent and is languishing in jail since 24.09.2024 and there is no likelihood of conclusion of trial in near future and therefore, the appellant may be enlarged on bail. Learned counsel further submitted that similarly situated co- Patna High Court CR. APP (SJ) No.4820 of 2025(3) dt.01-05-2026 3/4 accused person has already been granted bail by this Court vide order dated 16.09.2025 passed in Cr. Appeal (SJ) No. 1219 of 2025. 6. Learned Special P.P. for the State vehemently opposed the prayer for grant of bail to the appellant. 7. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the appellant, this Court is inclined to allow this appeal. 8. Accordingly, the appeal is allowed and order dated 24.09.2025 passed by learned Exclusive Special Judge, Special Court, SC/ST (Prevention of Atrocities) Act, Nawada in connection with Muffasil P.S. Case No. 372 of 2024 is hereby set aside. 9. Let the appellant, abovenamed, be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 372 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the appellant. (II) The appellant shall appear on each and every date Patna High Court CR. APP (SJ) No.4820 of 2025(3) dt.01-05-2026 4/4 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the appellant. (III) If the appellant tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Raj Kishore/- (Rudra Prakash Mishra, J) U T