IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.281 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1. Dashrath chauhan S/O Late Chauthi Chauhan R/O Village - Raghunathpur, P.S- Rahui, District - Nalanda 2. Badri Chauhan S/O Late Chauthi Chauhan R/O Village - Raghunathpur, P.S- Rahui, District - Nalanda 3. Ramsharan Chauhan S/O Late Chauthi Chauhan R/O Village - Raghunathpur, P.S- Rahui, District - Nalanda 4. Sipahi Chauhan S/O Late Chauthi Chauhan R/O Village - Raghunathpur, P.S- Rahui, District - Nalanda ... ... Appellant/s Versus 1. The State of Bihar 2. Vyas Muni Son of Sanjay Majhi Resident of Dedoor Tola, Krishna Mayar River, permanent resident of Panchayat Madokhara, Police Station Mufassil, District Nawada ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanket, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP For the Informant : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 04-04-2025 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State. None appears on behalf of the informant despite valid service of notice. 2. The instant appeal has been filed by the appellant against the order dated 18.11.2024 passed by learned Exclusive Special Judge, Special Court (SC/ST PoA Act), Nawada whereby the prayer for bail of the appellant in connection with Mufassil P.S. Case No. 372 of 2024 under Sections 191(2), Patna High Court CR. APP (SJ) No.281 of 2025(4) dt.04-04-2025 2/4 193(3), 190, 109(1), 352, 351(2), 351(3), 326(g), 303(2), 111(3), 61(2)(a) of the BNS, Section 27 of the Arms Act and 3(1), 3(1) (f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a), 3(2)(v) of SC/ST 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. 4. Learned counsel for the appellants submits that the appellants have falsely been implicated in the present case. Learned counsel further submitted that as per the allegation about 60 families have been set on fire and other items of the informant and his fellow villagers have burnt but no injury Patna High Court CR. APP (SJ) No.281 of 2025(4) dt.04-04-2025 3/4 report or any supported document relating to any person’s injury or loss has been placed on record. There is pre-existing land dispute between the parties bearing Title Suit No. 22/1995. There is no specific or direct allegation against the appellants. There is no iota of evidence which shows the indulgence of the appellants in the alleged occurrence. The appellants have no concern with the alleged occurrence. Learned counsel for the appellants further submits that the appellants have 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 them. The appellants have no intention to disgrace the image of the informant in public view. The appellants are in custody since 18.09.2024 and have no criminal antecedent. 5. Learned Special P.P. for the State vehemently opposed the prayer for grant of bail to the appellants, stating that the prayer for grant of bail of similarly situated co-accused persons 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 the fact that similarly situated co-accused persons have already been denied the privilege of bail, this Court is not inclined to grant bail to the petitioner. Patna High Court CR. APP (SJ) No.281 of 2025(4) dt.04-04-2025 4/4 7. Accordingly, the present appeal is dismissed. 8. Learned Trial Court is directed to expedite the trial. Alok Verma/- (Rudra Prakash Mishra, J) U T