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2026 DAILYLAW 32083 (PAT)

Darkhan Rai v. The State of Bihar

CR. MISC./6574/2026 · 2026-02-04

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6574 of 2026 Arising Out of PS. Case No.-6 Year-2013 Thana- PAKRIDAYAL District- East Champaran ====================================================== Darkhan Rai Son of Ramashish Rai Resident of Village- Parai, P.S.- Sikarganj, District- East Champaran, Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Pakarideyal P.S. Case No. 06 of 2013 registered for the alleged offences under Sections ¾ of Explosive Substance At and Section 17 of Criminal Amendment Act. 03. As per prosecution case, an information was received by the police about planting of bomb on a diversion from the main road by the naxalite. The place was cordoned off and searched and a pressure cooker bomb was found two feet below the road. The name of the petitioner transpired during investigation for being involved in planting of the bomb. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this Patna High Court CR. MISC. No.6574 of 2026(2) dt.04-02-2026 2/3 case. The petitioner is not named in the FIR and his name came up in this case on the basis of confessional statement of co- accused Hari Das @ Harijee. However, nothing incriminating has been recovered from person or possession of this petitioner, who is not even member of any naxalite group. Learned counsel further submits that the petitioner has criminal antecedent of three cases of the year 2008 and 2012, respectively, and he is on bail on all such cases. The petitioner is in custody since 10.10.2025 and charge-sheet has been submitted. Learned counsel further submits that similarly placed co-accused, Nathuni Sah, has been granted bail by a Co-ordinate Bench of this Court vide order dated 28.01.2026 passed in Criminal Misc. No. 4665 of 2026. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is a member of naxalite group and he planted bomb along with his other associates on a road which might have caused heavy loss of life and property. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of recovery of any incriminating article from the petitioner and further considering the period of custody of the Patna High Court CR. MISC. No.6574 of 2026(2) dt.04-02-2026 3/3 petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/court concerned in connection with Pakarideyal P.S. Case No. 06 of 2013, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T