Patna High Court
Raja Das @ Pankaj Das @ Pankaj RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond subject to conditions.
Summary
The petitioner, Raja Das, was implicated in a 2021 incident where miscreants placed a boulder on a road, signaled a truck to stop, and one threw a bomb that injured the driver, leading to a crash. The prosecution alleged his involvement under IPC sections 393, 307 and 34, Arms Act section 27 and Explosive Substance Act sections 3, 4 and 5. The petitioner claimed innocence, stating that only a co‑accused’s confessional statement linked him, which actually named another person as the bomb‑thrower, and that other co‑accused had already been granted bail. He had been in custody since 9 October 2025 and a chargesheet had been filed. The court, noting the vague nature of the allegations, the length of custody, and the existence of a chargesheet, ordered his release on bail with a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged
- Whether the vagueness of the allegations and the period of custody justify granting bail
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 480(3)
- Explosive Substance Act — s. 3, 4, 5
- Indian Penal Code — s. 307, 34, 393
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- Explosive Substance Act
- vague allegations
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1219 of 2026
Arising Out of PS. Case No.-493 Year-2021 Thana- BANKA District- Banka
======================================================
Raja Das @ Pankaj Das @ Pankaj Raj S/o- Umesh Das, R/o Village-
Maheshadih, P.S. and Distt.- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajib Ranjan Jha, Advocate
For the State : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. At the outset, learned counsel for the petitioner
seeks and is granted permission to make necessary correction in
paragraph no. 13 of the bail petition regarding period of custody of
the petitioner in the course of the day.
3. In the present case, the petitioner seeks bail in
connection with Banka P.S. Case No. 493 of 2021 dated
24.06.2021, registered for the offences punishable under Sections
393, 307 and 34 of the Indian Penal Code and Section 27 of the
Arms Act and also Sections 3, 4 and 5 of the Explosive Substance
Act.
4. As per the prosecution case, some unknown
miscreants put boulder on road and signaled the truck of the
informant to stop, but the driver sped up the truck and tried to run
Patna High Court CR. MISC. No.1219 of 2026(6) dt.08-07-2026
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away seeing danger. In the meantime, one of the miscreants threw
a bomb which caused injury to the driver due to which truck
became unrestrained and dashed with a tree. The informant raised
alarm and called the Police. The miscreants fled away from the
spot. Subsequently, the name of the petitioner transpired as one of
the miscreants during investigation.
5. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Except for the confessional
statement of the co-accused, there is no material against the
petitioner. Moreover, in the confessional statement the co-accused
Vikas Das named another co-accused Nitish Das as the person
who hurled the bomb on the truck. Learned counsel further
submits that co-accused persons, namely Suman Das and
Dhurkhaili Das have been granted bail by learned co-ordinate
Benches of this Court vide orders dated 24.01.2023 and
11.05.2023 passed in Cr. Misc. No. 30348 of 2022 and Cr. Misc.
No. 17039 of 2023 respectively. Learned counsel next submits that
petitioner is having antecedent of one case in which he is on
anticipatory bail. Learned counsel lastly submits that petitioner is
in custody since 09.10.2025 and chargesheet has been submitted.
6. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
7. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.1219 of 2026(6) dt.08-07-2026
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submissions made on behalf of the parties and considering the
vague nature of allegation and also considering period of custody
of the petitioner and submission of chargesheet against him, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Banka / concerned Court, in
connection with Banka P.S. Case No. 493 of 2021, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other 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, if so required by the learned
trial Court.
(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.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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