Patna High Court
Munni Paswan @ Mundrika PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va), 3(i), 3(i)(f), 3(i)(g)
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
2/5
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
4/5
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
5/5
receipt/production of a copy of this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…