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Patna High Court

Balmiki Yadav @ Balmiki Kumar @ Rakesh KumarversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted because the alleged offences are heinous, involve organized violence, and the appellant is implicated under the SC/ST (Prevention of Atrocities) Act.

Summary

The appellant, Balmiki Yadav, was charged in connection with a violent attack on a village in Nawada where 60‑70 persons allegedly set fire to 35 homes, looted valuables and used firearms. He sought bail, claiming innocence and alleging that the case stemmed from a land dispute and that no direct evidence linked him to the offence. The prosecution contended that the incident was a heinous, organized crime involving arson, looting and the use of arms, and that the appellant was part of a land‑mafia syndicate. The Special Judge had rejected the bail application and the appellant appealed before the Patna High Court. The High Court, after examining the seriousness of the offences, the involvement of multiple accused and the applicability of the SC/ST (Prevention of Atrocities) Act, refused bail and dismissed the appeal, directing the lower court to expedite the trial.

Issues considered

  • Whether bail should be granted to the appellant given the seriousness of the alleged offences under the B.N.S., Arms Act and SC/ST (Prevention of Atrocities) Act.
  • Whether the appellant’s alleged involvement in a land‑dispute related incident attracts the provisions of the SC/ST (Prevention of Atrocities) Act.
  • Whether the evidence on record is sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • SC/ST Act
  • Arms Act
  • arson
  • organized crime
  • land dispute
  • scheduled caste
  • scheduled tribe
  • serious offence
  • pre‑trial detention

Judgment

                     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
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                  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
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          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
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          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
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                     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.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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