Manoj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2076 of 2025 Arising Out of PS. Case No.-417 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Manoj Paswan Son of Jagdish Paswan Resident of Village - Siarua, P.S.- Jagdishpur, District - Bhojpur ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Jitendra Ram Son of Late Butan Ram Resident of Village - Siarua, P.S.- Jagdishpur, District - Bhojpur ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Raju Kumar Singh, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-09-2025 Heard learned counsel for the appellant and learned counsel for the respondent no. 2 as well as learned Special Public Prosecutor for the State.
2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 22.04.2025 passed by the learned Additional sessions Judge -1st cum Special Judge, SC/ST (POA) Act, Bhojpur at Ara in B.P. No. 1500 of 2025 arising out of Jagdishpur P.S. Case No. 417 of 2024 dated 06.12.2024 registered for the offences punishable under sections 105 read with Section 3(5) of the B.N.S and 3(i)(r)(s)(x) of the SC/ST
Patna High Court CR. APP (SJ) No.2076 of 2025(4) dt.11-09-2025 2/3 (POA) Act.
3. As per the prosecution case, on 23.11.2024, at about 05:00 P.M., the informant's son namely Rajan Ram was playing outside of the house on the passage (Rasta). The accused persons, Rameshwar Yadav, Manji Yadav and Manoj Paswan took a live wire on the ground through the same path for irrigating their field. The informant's son came into contact with the current of that wire while playing. He died on the way to the hospital. On protest, they abused him with castiest slurs and threatened to beat him.
4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the the appellant has been dragged in this case due to previous enemity and dirty village politics. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under section of the SC/ST Act. There is general and omnibus allegation against the appellant. The appellant has no criminal antecedent as stated in para 3 of the bail petition. The appellant is in custody since 09.04.2025.
5. Learned counsel for the respondent no. 2 as well as
Patna High Court CR. APP (SJ) No.2076 of 2025(4) dt.11-09-2025 3/3 learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellant, as para 19 of the Case diary, illegal electricity connection was taken to the field by the petitioner and the co-accused persons. It is further submitted that the petitioner had knowledge that their act was likely to cause death.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of the allegation against the appellant, I am not inclined to set aside the impugned order dated 22.04.2025 passed by the learned Additional sessions Judge -1st cum Special Judge, SC/ST (POA) Act, Bhojpur at Ara in B.P. No. 1500 of 2025 arising out of Jagdishpur P.S. Case No. 417 of 2024 and accordingly, the prayer for bail of the appellant is rejected.
7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.
(Chandra Prakash Singh, J) Siddharth Soni/- U T