IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5135 of 2024 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1. Mukesh Paswan @ Rupesh Paswan Son of Munni Paswan @ Munirak Paswan Resident of Village- Pranbigha P.S.- Muffasil, Dist.- Nawada. 2. Raj Kumar Paswan Son of Late Sahdev Paswan Resident of Village- Pranbigha P.S.- Muffasil, Dist.- Nawada. ... ... Appellant/s Versus 1. The State of Bihar 2. Vyas Muni Son of Sanjay Manjhi R/O Vill.- Dedaur Tola, Krishna Nagar Nadi Par, Panchayat Bhadokhora, P.S.- Muffasil, Dist.- Nawada. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Radhe Shyam, Adv. For the Respondent/s : Mr. Sadanand Paswan, SPP For the Informant : Mr. Rohit Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 30-01-2025 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the Informant. Perused the case diary. 2. The instant appeal has been filed by the appellants against the order dated 17.10.2024 passed by learned Exclusive Special Judge, Special Court SC/ST (Prevention of Atrocities) Act, Nawada whereby the prayer for bail of the appellants in connection with Muffasil P.S. Case No. 372 of 2024 Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 2/7 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 B.N.S., Section 27 of the Arms Act and Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, was rejected. 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. Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 3/7 4. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case merely due to land dispute. Learned counsel for the appellants further submits that nothing incriminating has been recovered from the conscious possession of the appellants. There is no specific or direct allegation of any overt act against the appellants rather the same is general and omnibus in nature. The appellants have no concern with the alleged occurrence. Learned counsel for the appellants submits that since both the parties are of same caste, the offence under under the SC/ST Act is not attracted against the appellants. 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 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. The appellants are in custody since 19.09.2024. The Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 4/7 appellants have 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 appellants, stating that the offence alleged against the appellants are serious in nature. The appellants are named in the F.I.R. As per allegation, the appellants are part of land Mafia syndicate and are 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. 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 Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 5/7 accused persons including the appellants. It appears that the attempts have been made by the accused persons including the appellants 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. The Investigating Officer, after conclusion of investigation, has submitted charge- sheet against the other co-accused persons for offence under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 326(g), 303(2), 111(3), 61(2) (a) of the B.N.S., Sections 27 and 25(1-b)a, 26 and 35 of the Arms Act and Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va), 3(2)(iv) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The investigation against the present appellants is still pending. Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 6/7 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 appellants is hereby rejected. 8. In the result, the appeal stands dismissed with a direction to the court below to expedite the trial and conclude the same expeditiously. 9. The District Magistrate, Nawada and the Superintendent of Police, Nawada are hereby directed to ensure presence of the witnesses on time as and when required by the learned court below. 10. Let a copy of this order be sent to the District Magistrate, Nawada and the Superintendent of Police, Nawada for strict compliance of this order. rishi/- (Rudra Prakash Mishra, J) U T Patna High Court CR. APP (SJ) No.5135 of 2024(4) dt.30-01-2025 7/7