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Patna High CourtCR. APP (SJ)/4157/2025allowed

Ram Nagina Paswan v. The State Of Bihar

2026-01-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4157 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Ram Nagina Paswan Son of Nandu Paswan Resident of village - Pran Bigha, P.O.- Akouna Bazar, P.S.- Muffasil, District - Nawada. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vyas Muni Son of Mr. Sanjay Majhi Resident of village - Dedaur Tola Krishna Nagar Nadi Par, Police Station - Muffasil, District - Nawada. ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 3905 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Vikram Kumar S/o Mr. Nageshwar Paswan Resident Of Village- Pran Bigha, Ps- Mufassil, Dist- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vyas Muni S/o Mr. Sanjay Majhi R/o vill - Dedaur Tola Krishna Nagar Nadi Par, P.s.- Mufassil, Distt.- Nawada ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 4157 of 2025) For the Appellant/s :

Ms. Vaisnavi Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, S.P.P.

(In CRIMINAL APPEAL (SJ) No. 3905 of 2025) For the Appellant/s :

Ms.Vaisnavi Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2026 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State and perused the case diary.

2. The instant appeal has been filed by the appellants against the order dated 11.09.2025 and order dated 21.08.2025 passed by Exclusive Special Judge, Spl. Court SC/ST Act,

Patna High Court CR. APP (SJ) No.4157 of 2025(4) dt.09-01-2026 2/3 Nawada whereby the prayer for bail of the appellants in connection with Nawada 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) and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act and Section 3(1) (f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the SC/ST Act, was rejected.

3. Earlier vide order dated 30.01.2025 passed in Criminal Appeal (SJ) No. 5057 of 2024, regular bail of the Appellants was rejected by this Court considering the nature of gravity of the offence, with direction to the learned court below to expedite the trial and conclude the same expeditiously.

4. In compliance of the order dated 15.10.2025, a report dated 30.10.2025 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that out of sixteen witnesses, seven witnesses have been examined and remaining nine witnesses are yet to be examined.

5. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. The name of the appellants has transpired on the basis of confessional statement of co-accused. Learned counsel for the appellants further submits that the appellants have 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 them.

Patna High Court CR. APP (SJ) No.4157 of 2025(4) dt.09-01-2026 3/3 The appellants have no intention to disgrace the image of the informant in public view. Learned counsel for the Appellants further submits that other co-accused has been granted privilege of bail by this Court on 16.09.2025 passed in Criminal Appeal (SJ) No. 1219 of 2025. The appellants are in custody since 19.09.2024 and have no criminal antecedent.

6. Learned Special P.P. for the State have vehemently opposed the prayer for grant of bail to the appellants.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellants, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 11.09.2025 and 21.08.2025 passed by Exclusive Special Judge, Spl. Court SC/ST Act, Nawada, in connection with B.P. No. 1245 of 2025 and B.P. No. 1201 of 2025, respectively, arising out of Nawada Muffasil P.S. Case No. 372 of 2024, are hereby set aside.

8. Let the appellants be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Muffasil P.S. Case No. 372 of 2024.

(Rudra Prakash Mishra, J) manish/- U T