Narayan Singh @ Naraina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3298 of 2025 Arising Out of PS. Case No.-167 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Narayan Singh @ Naraina S/O Late Nepo Singh @ Late Nepali Singh R/O Vill.- Ramdiri Mahanji Tola, P.S.- Matihani, Dist.- Begusarai. ... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Arun Paswan S/O Late Kirandev Paswan R/O Vill.- Ramdiri Mahanji Tola, P.S.- Matihani, Dist.- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Respondent/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2.

The instant appeal has been filed by the appellant against the order dated 30.06.2025 passed by learned Exclusive Special Judge, SC/ST (PoA) Act, Begusarai whereby the prayer for bail of the appellant in connection with Matihani PS Case No. 167 of 2024 instituted under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, Section 3(2)(v) of SC/ST Act and Section 27 of the Arms Act, was rejected. 3.

The prosecution case, in short, is that on 19.12.2024, the informant returned home and found his 12-year-

Patna High Court CR. APP (SJ) No.3298 of 2025(5) dt.27-11-2025 2/3 old daughter missing. While searching, he received a photo from villagers showing her injured, and upon reaching Shashi Bhushan Clinic, he found that she had been shot in the head by unknown persons. The informant states that villagers did not reveal who killed her, and he believes unknown assailants are responsible.

4.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Appellant is not named in the FIR. The name of the appellant has transpired on the basis of confessional statement of coaccused. There is no specific allegation of firing against the appellant, rather the same is against Golu Singh. Nothing has been recovered from the conscious possession of the petitioner. 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 28.03.2025 and has one criminal antecedent. 5.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the

Patna High Court CR. APP (SJ) No.3298 of 2025(5) dt.27-11-2025 3/3 petitioner.

6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 30.06.2025 passed by learned Exclusive Special Judge, SC/ST (PoA) Act, Begusarai is hereby set aside.

7.

Let the appellant be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Matihani PS Case No. 167 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T