Patna High Court
Naika HansdaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied to the petitioner.
Summary
Naika Hansda was arrested in connection with a 2003 terrorist attack in Khaira, Jamui, where a large group of extremists murdered three persons, looted property and used dynamite. The FIR, despite a procedural defect, named the petitioner as an identified participant, and he has been in custody since 31 October 2023, having previously absconded. The petitioner sought regular bail for offences under IPC sections 302, 149, 380, 427, 148, the Arms Act, the Explosive Substances Act and the Prevention of Terrorist Act. The Court examined the seriousness of the allegations, the prima facie material against him, and his absconding history, and concluded that bail could not be granted. Consequently, the bail application was rejected and the trial was ordered to be expedited, with the Court noting that its observations were only preliminary and not a determination on the merits.
Issues considered
- Whether the defect in the FIR can be dispensed with for the purpose of bail proceedings
- Whether regular bail can be granted to an accused involved in serious terrorist offences who is an absconder and has prima facie evidence against him
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3
- Indian Penal Code — s. 148, 149, 302, 380, 427
Subjects
- regular bail
- terrorism
- murder
- IPC
- Arms Act
- Explosive Substances Act
- Prevention of Terrorist Act
- high court
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14945 of 2025
Arising Out of PS. Case No.-65 Year-2003 Thana- KHAIRA District- Jamui
======================================================
Naika Hansda Son of Late Sukar Hansda vill- Dipakarhar Ps- Khaira at
Present Ps- Garhia Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-04-2026 The defect with regard to FIR is dispensed with.
2. Heard the learned counsel for the petitioner and
learned APP for the State.
3. The petitioner seeks regular bail in connection with
Khaira P.S. Case No. 65 of 2003 registered for the offence under
Sections 302, 149, 380, 427, 148 of the Indian Penal Code,
Section 27 of the Arms Act, Section ¾ of the Explosive
Substances Act and Section ¾ of the Prevention of Terrorist Act.
4. The prosecution story, as per the FIR, is that the
occurrence took place on 09.08.2003 at 7:30 P.M. The informant
returned home from his shop and soon came to know that
M.C.C. terrorists had attacked his house. He hid himself under
the stairs and witnessed the occurrence. There were
approximately 150–200 extremists who had surrounded the
Patna High Court CR. MISC. No.14945 of 2025(4) dt.24-04-2026
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house of the Mukhiya and his brothers. Three persons were
targeted and were ultimately brutally murdered. The properties
were looted, and the houses were destroyed using dynamite.
5. I have considered the submissions of the parties and
have gone through the records of the case. The present petitioner
is named in the FIR and was identified by the informant. Two
members of the informant’s family (his brothers) were brutally
killed by having their throats and abdomens cut, and one other
person also met the same fate. The petitioner is in custody since
31.10.2023 and is said to have remained absconding for a
considerable period. The allegations against the petitioner are
serious and grave in nature. There exists prima facie material
against the petitioner indicating his involvement in the
commission of the offence.
6. Considering the nature and gravity of the
allegations, the manner of occurrence, the materials available on
record, and the fact that the petitioner is an absconder, this
Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected. The trial is directed to be expedited.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.14945 of 2025(4) dt.24-04-2026
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adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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