Dismissed¶27

Pawan Kumar v. The State of Bihar

Bail – refusal upheld

Patna HC8 Jul 2025CR. APP (SJ)/523/2025

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Case brief

AI extract

What is this about?

Keywords: bail; bail rejection appeal; SC/ST Act; SC/ST (PoA) Act Special Court Nawada; Bharatiya Nyaya Sanhita; Arms Act Section 27; mob attack; arson; looting; Krishna Nagar Nawada; government land encroachment; cell tower location; not named in FIR; omnibus allegation; caste name not taken; criminal antecedent; custody since 24.09.2024; parity with co-accused Cr. Appeal (SJ) No. 5222 of 2024; nature and gravity of offence; organised crime; Patna High Court CR. APP (SJ) No. 523 of 2025; Rudra Prakash Mishra, J.; bail refused; appeal dismissed.

What did the court decide?

Considering the facts and circumstances of the case as also the nature and gravity of the offence, the Court was not inclined to grant bail to the appellant. ¶26

Pawan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the appellant, arraigned in Mufassil P.S. Case No. 372 of 2024 for offences 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 Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of the SC/ST Act, is entitled to bail notwithstanding rejection of his bail prayer by the Court of Exclusive Special SC/ST (PoA) Act, Nawada.

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Court's answer

Considering the facts and circumstances of the case as also the nature and gravity of the offence, the Court was not inclined to grant bail to the appellant.

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Ratio / Principle

Accordingly, the present appeal was dismissed.

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Detailed headnote1 paragraphs

Bail - refusal upheld - Patna High Court, Criminal Appeal (SJ) No. 523 of 2025 (oral order dated 08-07-2025, Rudra Prakash Mishra, J.). Appeal against order dated 29.11.2024 of the Court of Exclusive Special SC/ST (PoA) Act, Nawada rejecting the appellant's bail prayer in Mufassil 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 Bharatiya Nyaya Sanhita, Section 27 of the Arms Act and Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of the SC/ST Act. Prosecution case: on 18.09.2024 at 6:30 PM, 60-70 named and unnamed armed individuals attacked villagers residing on government land (Khata No. 226, Plot 2278/2470) at Krishna Nagar, opened fire, assaulted residents including women and children, set houses ablaze and looted them; 35 homes including the informant's were destroyed. Defence: appellant innocent, not named in FIR, name surfaced during investigation via cell tower location; allegation general and omnibus; no caste name taken in public view; in custody since 24.09.2024 with one criminal antecedent. State: co-accused's bail already dismissed (Cr. Appeal (SJ) No. 5222 of 2024, order dt. 30.01.2025); offence heinous, homes of 60 families burnt, incident suggestive of organised crime to acquire land. Held: considering the facts and circumstances and the nature and gravity of the offence, the Court was not inclined to grant bail; appeal dismissed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.523 of 2025

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

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Pawan Kumar Son of Ashok Pandit Resident of village- Neyatpur Harnaut, P.S.- Harnaut in the district of Nalanda, Permanent address- Village- Chhoti Murhari, P.S.- Harnaut in the district of Nalanda

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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 Son of Sanjay Manjhi Resident of Village- Dedaur Tola Krishna Nagar Nadipar, P.S.- Mufassil in the district of Nawads

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... ... Respondent/s

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====================================================== Appearance :

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For the Appellant/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, APP

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 08-07-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Perused the case diary.

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The instant appeal has been filed by the appellant against the order dated 29.11.2024 passed by learned Court of Exclusive Special 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), 193(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

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Patna High Court CR. APP (SJ) No.523 of 2025(4) dt.08-07-2025 2/4

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Sections 3(1), 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of SC/ST 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 appellant submits that the appellant is innocent and has falsely been implicated in the present case. Appellant is not named in the F.I.R. The name of the appellant transpired in this case during investigation on the basis of cell tower location. Learned counsel further submits that there is no specific allegation against the appellant rather the allegation is general and omnibus allegation. There is no iota

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Patna High Court CR. APP (SJ) No.523 of 2025(4) dt.08-07-2025 3/4

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of evidence which shows the indulgence of the appellant in the alleged offence. Learned counsel for the appellant further submits that the appellant has 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 him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 24.09.2024 and has one criminal antecedent.

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Learned Special P.P. for the State vehemently opposed the prayer for grant of bail to the appellant, stating that the prayer for bail of similarly situated co-accused person has already been dismissed vide order dated 30.01.2025 passed in Cr. Appeal (SJ) No. 5222 of 2024. He further submits that the offence is heinous in nature in which altogether homes of 60 families were set on fire by the accused persons including the appellant. He further submits that incident implies organized crime as large number of individuals are subject of accusations, potentially involving threats, corruption and fraudulent activities to acquire land in which 35 houses were completely destroyed by setting fire.

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