IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4476 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Deoraj Kumar S/O Raj Narayan Jamadar R/O Village- Niyamatpur, P.O- Harnaut, P.S- Harnaut, Distt.- Nalanda, Bihar. ... ... Appellant/s Versus 1. The State of Bihar 2. Vyas Muni S/O Sanjay Manjhi R/O Village- Krishna Nagar, Dedaur, P.S- Mufassil, Dist.- Nawada. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajoday Satyjeet, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the Respondent No. 2: None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 16-07-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. In spite of valid service of notice, no one appears on behalf of the Respondent No.2. 2. The instant appeal has been filed by the appellant against the order dated 11.02.2025 passed by learned Exclusive Special Judge, SC/ST Act, Nawada whereby the prayer for bail of the appellant in connection with Nawada Muffasil P.S. Case No. 372 of 2024 under Sections 191(2), 191(3), 190, 109(1), 352, 351(2), 351(3), 326(g), 303(2), 111(3), 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of SC/ST Act was rejected. Patna High Court CR. APP (SJ) No.4476 of 2025(3) dt.16-07-2026 2/4 3. 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. 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 his conscious possession. There is a pre-existing land dispute between the parties. 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 Patna High Court CR. APP (SJ) No.4476 of 2025(3) dt.16-07-2026 3/4 alleged occurrence. Learned counsel further contends that as per the 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 fire-arm injuries in the alleged occurrence. There is not an iota of evidence which shows the indulgence of the appellant in the alleged occurrence. The appellant is in custody since 26.09.2024 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 is serious in nature. 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 appellant. He further submits that the prayer for bail of the co- accused namely Ram Nagina Paswan, Vikram Kumar and Dipal Patna High Court CR. APP (SJ) No.4476 of 2025(3) dt.16-07-2026 4/4 Kumar has already been rejected by this Court vide order dated 30.01.2025 passed in Cr. Appeal (SJ) No. 5057 of 2024. 6. Considering the aforesaid facts and circumstances of the case as also taking into account the nature and gravity of the offence, this Court, is not inclined to allow this appeal. Accordingly, the prayer for bail of the appellant is hereby rejected. 7. The appeal stands dismissed. Alok Verma/- (Rudra Prakash Mishra, J) U T