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Patna High Court

Bipin Saw @ Bipin sao @ Bipin SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted to the petitioners and dismissed the bail application.

Summary

The petitioners, Bipin Saw and Shubhag Saw, were charged with offences under Sections 147, 148, 149, 427, 436 and 120B of the Indian Penal Code, Section ¾ of the Explosive Substances Act and Sections 10 and 13 of the UAPA for allegedly using a cylinder bomb to damage a Harizan school. They have been in custody since July 2023 and earlier bail applications were rejected. The petitioners claimed innocence and pointed to the grant of bail to a co‑accused, while the State relied on the Supreme Court’s decision in Gurwinder Singh v. State of Punjab (Cr Appeal No. 704 of 2024) to argue that bail is not appropriate in such serious cases. The High Court, applying the Supreme Court’s guidelines and considering the gravity of the offences, declined to grant regular bail. The court ordered the trial court to expedite the trial, directed the Superintendent of Police to ensure witness attendance, and dismissed the bail application.

Issues considered

  • Whether the petitioners are entitled to regular bail despite being charged with serious offences under the IPC, Explosive Substances Act and UAPA.
  • Whether the Supreme Court’s guidelines in Gurwinder Singh v. State of Punjab apply to deny bail in this case.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Explosive Substances Act
  • UAPA
  • serious offences
  • Supreme Court guidelines
  • trial acceleration
  • witness attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20055 of 2026
                       Arising Out of PS. Case No.-19 Year-2014 Thana- KAJRA District- Lakhisarai
                 ======================================================
           1.     Bipin Saw @ Bipin sao @ Bipin Sah S/O Sharwan Saw @ Sharwan Sah
                  R/O Vill.- Khaira, P.S- Kajra, District- Lakhisarai
           2.    Shubhag Saw @ Subhag Sao S/O Rohan Saw R/O Vill.- Khaira, P.S- Kajra,
                 District- Lakhisarai

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mayank Bilochan
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                  Heard the learned counsel for the petitioners and the

                   learned APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioners seeking bail in connection with Kajra P.S. Case No.

                   19 of 2014 registered for the offence under Section 147, 148,

                   149, 427, 436, 120B of the Indian Penal Code and under Section

                   ¾ of the Explosive Substance Act and under Section 10,13 of

                   the UAP, Act.

                                3. Earlier, the bail application of the petitioners was

                   rejected on 13.09.2024 in Cr. Misc. No. 33570 of 2024, which

                   reads as follows:

                                                            Heard learned counsel for the
Patna High Court CR. MISC. No.20055 of 2026(2) dt.30-04-2026
                                            2/3




                                            petitioners and learned APP for the
                                            State.
                                                  2. The petitioners seek bail in
                                            connection with Kajra P.S. Case No.
                                            19 of 2014 registered for the offence
                                            under Section 147, 148, 149, 427, 436,
                                            120B of the Indian Penal Code and
                                            under Section ¾ of the Explosive
                                            Substance Act and under Section 10,13
                                            of the UAP, Act.
                                                  3. As per the prosecution case,
                                            100–150 criminals came and by using
                                            cylinder bomb, have blasted and
                                            damaged a Harizan School.
                                                  4. Learned counsel for the
                                            petitioners submits that the petitioners
                                            are innocent, and they have falsely
                                            been implicated in this case. He further
                                            submits that bail of one other co-
                                            accused namely Mantu Kora has been
                                            granted bail by this Court vide order
                                            dated 21.05.2021 passed in Cr. Misc.
                                            No. 2001 of 2021. He further submitted
                                            that petitioners are in jail since
                                            03.07.2023         and        17.07.2023
                                            respectively.
                                                  5. Learned APP for the State has
                                            relied upon a decision of Hon’ble
                                            Supreme Court passed in the case of
                                            Gurwinder Singh Vs. State of Punjab
                                            and Anr., bearing Criminal Appeal No.
                                            704 of 2024, and has submitted that
                                            this is not a fit case for grant of
                                            regular bail registered under UAP Act.
                                            He further submitted that the
                                            petitioners are accused in four more
                                            cases, and they are named in the F.I.R.
                                                  6. Considering the facts and
                                            circumstances of the case and also in
                                            view of the guidelines issued by the
                                            Hon’ble Supreme Court in the case of
                                            Gurwinder Singh Vs. The State of
                                            Punjab and Another (Supra), I am not
                                            inclined to grant bail to the petitioners.
                                                  7. Accordingly, this application is
                                            dismissed.
                                                  8. The trial Court is directed to
                                            expedite the trial of the petitioners and
            Patna High Court CR. MISC. No.20055 of 2026(2) dt.30-04-2026
                                                        3/3




                                                        conclude the same at the earliest.



                                   4. The petitioners are in custody since 31.07.2023 and

                      03.07.2023       respectively. The          charges   were    framed   on

                      28.02.2024, but no witness has been examined till date.

                                   5. Considering the facts and circumstances of the case

                      as well as the nature and gravity of the offence, this Court is not

                      inclined to grant regular bail to the petitioners. Accordingly, the

                      present application for regular bail filed on behalf of the

                      petitioners stands rejected.

                                   6. The Superintendent of Police, Lakhisarai is directed

                      to ensure the attendance of the witnesses during the trial and to

                      submit a report to this Court.

                                   7. Let a copy of this order be communicated to the

                      Superintendent of Police, Lakhisarai through FAX or e-mail for

                      immediate compliance.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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