Patna High Court
Bhola Bhokta @ Amrendar Bhokta @ Amrendar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Bhola Bhokta, was arrested in connection with a 2017 incident where Naxalites attacked an informant and took guards hostage. The FIR named over 40 unknown persons and listed numerous serious offences under the IPC, the Explosive Substances Act and the UAPA, but made no specific allegation against the petitioner. He had been in custody since May 5, 2025 without undergoing a test identification parade, while ten co‑accused had already been released on bail. The petitioner argued that the lack of specific charges and the precedent of bail to similarly situated co‑accused warranted his release. The court, noting the absence of a direct allegation and the bail granted to other accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of appearance and a family member as a bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges and the lack of a specific allegation in the FIR.
Legislation cited
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120, 147, 148, 149, 323, 341, 342, 427, 435, 436, 440, 504, 506
- Unlawful Activities (Prevention) Act — s. 13, 16, 18, 19, 20, 38
Subjects
- bail
- Indian Penal Code
- UAPA
- Naxal
- terrorism
- criminal procedure
- chargesheet
- co‑accused
- identification parade
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14965 of 2026
Arising Out of PS. Case No.-196 Year-2017 Thana- AMAS District- Gaya
======================================================
Bhola Bhokta @ Amrendar Bhokta @ Amrendar Kumar S/o- Khelawan Singh
Bhokta @ Baban Singh Bhokta Village- Lutua PS- Imamganj Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 147, 148, 149, 323, 341, 342,
427, 435, 436, 440, 504, 506, 120(B) of the Indian Penal Code,
Section 3, 4 of the Explosive Substantive Act and Sections 13,
16, 18, 19, 20, 38 of the UAP Act.
3. As per the prosecution case, the informant was
attacked by Naxalites and its guards were taken hostage at the
gun point and they were also assaulted.
4. Learned counsel for the petitioner submits that the
First Information Report has been lodged against more than 40
unknown persons with general and omnibus allegations. It is
submitted that the petitioner had no knowledge that his name
Patna High Court CR. MISC. No.14965 of 2026(2) dt.25-02-2026
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has also transpired during the course of investigation and as
such, he could not surrender in the present case. It is further
submitted that almost 10 co-accused persons have already been
granted bail by coordinate Benches of this Court and the
petitioner is in custody since 05.05.2025 and still has never
subjected to Test Identification Parade. It is pointed out that the
chargesheet in this case has been submitted and one similarly
situated co-accused, Sudama Ram has already been enlarged on
bail by this Court vide order dated 17.02.2026 passed in Cr.
Misc. No.66156 of 2025.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
specific allegation upon the petitioner and the FIR has been
lodged against unknown persons coupled with the fact that other
similarly situated co-accused persons have been granted bail, let
the above named petitioner, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Amas P.S. Case No. 196 of 2017, subject to the
Patna High Court CR. MISC. No.14965 of 2026(2) dt.25-02-2026
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conditions that:
(I) One of the bailors will be a family
member/close relative.
(I1) The petitioner shall appear on each and every
date till conclusion of trial and if the petitioner does not appear
on two consecutive dates without any substantial and
satisfactory reason, the learned court below would be at liberty
to cancel his bail bonds.
(Soni Shrivastava, J)
Trivedi/-
U T
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