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Patna High Court

Munni Paswan @ Mundrika PaswanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the appeal.

Summary

The appellant, Munni Paswan, appealed against the order of the Exclusive Special Judge denying his bail in a case involving arson, assault, and alleged land‑mafia activities against 60 families in Nawada. The prosecution alleged that a large group of armed men, including the appellant, set fire to 35 houses and looted valuables, violating multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The appellant contended that he was falsely implicated due to a pre‑existing land dispute, had no direct evidence against him, and that no firearm injuries were reported. The State argued that the offences were heinous, the appellant was part of an organised land‑mafia, and that arms and ammunition were recovered from the scene. The High Court, after considering the seriousness of the offences and the organized‑crime aspect, 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 gravity of the offences alleged under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act.
  • Whether the appellant's alleged involvement in a land‑mafia and the arson constitutes a serious offence justifying denial of bail.
  • Whether the evidence on record, including recovered shells and bullets, is sufficient to sustain the bail denial.
  • Whether the appellant can be charged under the SC/ST (Prevention of Atrocities) Act for allegedly insulting the caste name of the informant.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • SC/ST Act
  • Arms Act
  • land dispute
  • arson
  • organized crime
  • heinous offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4722 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Munni Paswan @ Mundrika Paswan Son of Late Sahdev Paswan Village
                 -Pran Bigha PS- Muffasil Distt -Nawada



                                                                                ... ... Appellant/s
                                                      Versus


           1.    The State of Bihar
           2.    Vyas Muni Son of Sanjay Manjhi Resident of village- Dedaur Tola Krishna
                 Nagar, Ps- Muffasil, Dist- Nawada



                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Sanjay Kumar Sinha, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   19-02-2026             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 04.11.2025 passed by learned Exclusive

                   Special Judge, Special Court, SC/ST (PoA) Act, Nawada

                   whereby the prayer for bail of the appellant in connection with

                   Muffasil PS Case No. 372 of 2024 instituted 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, 2023,
Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026
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          Section 27 of the Arms Act and Sections 3(i), 3(i)(f), 3(i)(g),

          3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va), 3(2)(v) of SC/ST Act was

          rejected.

                  3.      The prosecution case alleges that the informant,

          along with about 60 families residing on government land at

          Krishna Nagar since 2015, was attacked on 18-08-2024 by 60–

          70 armed persons who opened fire, assaulted villagers, and set

          their huts on fire. As a result, 35 houses, including that of the

          informant, 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

          in nature. The appellant has no concern with the alleged

          occurrence. 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
Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026
                                             3/5




          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. 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 22.07.2025 and has no

          criminal antecedent.

                  5.      Learned Special P.P. for the State and the Informant

          have vehemently opposed the prayer for grant of bail to the

          appellant, stating that the offence alleged against the appellant

          are serious in nature. The appellant is named in the F.I.R. 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 set on fire by the

          accused persons including the appellants.
Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026
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                  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 appellant. 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.

                  7. Considering the aforesaid facts and circumstances of

          the case as also taking into account the nature and gravity of the

          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. However, appellant will be at liberty to renew his

          prayer for bail in the Court below, if the trial is not concluded

          within a period of three months from the date of
           Patna High Court CR. APP (SJ) No.4722 of 2025(5) dt.19-02-2026
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                     receipt/production of a copy of this order.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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