Mahesh Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.407 of 2025

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Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada

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======================================================

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Mahesh Kumar S/O Surendra Chauhan @ Surendra Jamadar@Surendra Jamedar R/o Vill.- Lohani Bigha, P.O.- Gonawa, P.S.- Town Thana Nawada, District- Nawada

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Akhalesh Kumar @ Akhilesh Kumar S/O Surendra Chauhan @ Surendra Jamadar@Surendra Jamedar R/o Vill.- Lohani Bigha, P.O.- Gonawa, P.S.Town Thana Nawada, District- Nawada

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... ... Appellant/s

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Versus

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The State of Bihar

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Vyas Muni S/O Sanjay Manjhi R/O Vill.- Dedour Tola, Krishna Nagar, Panchayat- Bhdhokhra, P.O.- Akauna Bazar, P.S.- Mufassil Nawada, Dist.Nawada, 805123

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. Nityanand Mishra, Advocate Mr. Alok Abhinav, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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6 29-07-2025 Heard learned counsel for the appellants, learned Special

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Public Prosecutor for the State and learned counsel for the Informant. Perused the case diary.

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The instant appeal has been filed by the appellants against the order dated 06.01.2025 passed by learned Exclusive Special Judge, Special Court SC/ST (Prevention of Atrocities) Act, Nawadah whereby the prayer for bail of the appellants 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),

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Patna High Court CR. APP (SJ) No.407 of 2025(6) dt.29-07-2025 2/5

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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.

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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.

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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 the appellants were not apprehended on the spot and nothing incriminating has been

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Patna High Court CR. APP (SJ) No.407 of 2025(6) dt.29-07-2025 3/5

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recovered from their conscious possession. 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 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 appellants have no criminal antecedent. Learned counsel for the appellants mainly submitted that upon due investigation, the Investigating Officer submitted Final Form No. 411/24, having found no incriminating material against the appellants and establishing their absence from the village at the time of the occurrence; accordingly, they have not been charge-sheeted despite which court below took cognizance against the appellants.

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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

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Patna High Court CR. APP (SJ) No.407 of 2025(6) dt.29-07-2025 4/5

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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. Bail of several co-accused persons is rejected by this Court.

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Considering the aforesaid facts and circumstances of the case, specifically taking into account the fact that Investigating Officer has not found cogent material against the appellants and submitted final form, thereafter, differing with the same court below took cognizance against the appellants, hence appellants are on different footing than that of coaccused, whose prayer for bail have been rejected by this Court and the period of custody undergone by the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 06.01.2025 passed by learned Exclusive Special Judge, Special Court SC/ST (Prevention of

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Patna High Court CR. APP (SJ) No.407 of 2025(6) dt.29-07-2025 5/5

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Atrocities) Act, Nawadah is hereby set aside.

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Let the appellants be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mufassil P.S. Case No. 372 of 2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the appellants.

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(II) The appellants shall appear on each and every date 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 appellants.

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Interlocutory application, if any, shall stand disposed of.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Mahesh Kumar v. The State of Bihar

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Mahesh Kumar v. The State of Bihar

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