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2025 DAILYLAW 99649 (PAT)

Suresh @ Loha @ Loha Singh @ Suresh Singh Bhogta v. The State of Bihar

CR. MISC./61075/2025 · 2025-09-09

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61075 of 2025 Arising Out of PS. Case No.-401 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Suresh @ Loha @ Loha Singh @ Suresh Singh Bhogta S/O Sohar Singh Bhogta R/O Vill.- Tilhe Tand, P.S. Dhangai, Dist.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aman Vishal For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 09-09-2025 Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 401 of 2022 registered for the offence under Sections 147, 148, 149, 353, 307, 120B of the Indian Penal Code, Section 25(1-b)a, 26, 35 of the Arms Act, Section 3, 4 and 5 of the Explosives Substances Act, 1908 and Section 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967. 3. As per the prosecution case, on 25.07.2022, after the confirmation of the intelligence received by the District Police and Corps Intelligence School-205 Cobra and Range Field Team Patna Tac Headquarters Gaya, the intelligence received was verified that a Naxal group (12-15) of CPI Maoist led by Pramod Mishra CCM along with Nitesh Yadav, Vivek Patna High Court CR. MISC. No.61075 of 2025(2) dt.09-09-2025 2/3 Yadav, Sanjit Bhuiya and Abhijeet Yadav is roaming in the area of Sahiya Pahad, Kariba Dona, Lakshankhya Pahad, Bandi, Anjanwa Pahad, Murgidih, Bossdih and surrounding forest areas of Police Station-Madanpur, District-Aurangabad and has hidden weapons and ammunition around the forest area of Chakarbandha and in some suspicious place and the Naxalite organization is planning to carry out a major incident. Based on the above intelligence, Commandant-206 Cobra, after detailed discussion and consultation with Deputy Inspector General CRPF Tank Gaya, SSP Gaya, SP Aurangabad, Additional SP Operation Gaya and Aurangabad and Commandant-159, planned 'B' Level (SADO)-205240722077 operation. As per the plan of the operation, from 25.07.2022, one strike of 205 Cobra and Unit QAT of 159th Battalion CRPF, F-Sambag of 159th Battalion CRPF, two platoons and Unit QAT of G-Sambay of 47th Battalion CRPF and one each of 29th and 32nd Battalion SSB were involved in the execution of this operation. I was appointed for this special operation on behalf of the district police. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 21.02.2025. Patna High Court CR. MISC. No.61075 of 2025(2) dt.09-09-2025 3/3 5. Learned A.P.P. has vehemently opposed the prayer for bail. 6. Considering the aforesaid facts and circumstances, criminal antecedent of the petitioner and the fact that the petitioner is naxalite and is involved in serious crime, I am not inclined to grant bail to the petitioner. 7. Accordingly, this application for regular bail is hereby rejected. anand/- (Sandeep Kumar, J) U T