IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1853 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Balmiki Yadav @ Balmiki Kumar @ Rakesh Kumar S/O Sonu Yadav R/O Vill.- Harnaut, P.s.- Harnaut, Dist.- Nalanda. ... ... Appellant/s Versus 1. The State Of Bihar 2. Beyas Muni S/O Sanjay Manjhi R/O Vill.- Dedour Tula, Krishna Nagar at River, P.s.- Mufasil, Dist.- Nawada. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sheo Kumar Prasad, Advocate For the Respondent/s : Ms. Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 6 29-01-2026 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 29.10.2024 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 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. Patna High Court CR. APP (SJ) No.1853 of 2025(6) dt.29-01-2026 2/5 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 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 Patna High Court CR. APP (SJ) No.1853 of 2025(6) dt.29-01-2026 3/5 in nature. The appellant has no concern with the alleged occurrence. Learned counsel for the appellant submits that since both the parties are of same caste, the offence under the SC/ST Act is not attracted against the appellant. 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 appellant in the alleged occurrence. The appellant is in custody since 25.09.2024. The appellant has no criminal antecedent. 5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant, stating that the offence alleged against the appellant are 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 Patna High Court CR. APP (SJ) No.1853 of 2025(6) dt.29-01-2026 4/5 set on fire by the accused persons including the appellant. 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 appellants. 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. 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. 7. Considering the aforesaid facts and circumstances of the case as also taking into account the nature and gravity of the Patna High Court CR. APP (SJ) No.1853 of 2025(6) dt.29-01-2026 5/5 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. 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. 9. 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. Raj Kishore/- (Rudra Prakash Mishra, J) U T