Patna High Court
Biru Kumar @ Guddu RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners.
Summary
Petitioners Biru Kumar and Rajdhari Ram were accused in a 2014 case involving a goods‑train derailment allegedly caused by Maoist‑planted explosives, and were charged under multiple serious provisions of the IPC, Explosive Substances Act, Prevention of Damage to Public Property Act, UAPA, Criminal Law Amendment Act and the Railway Act. They applied for bail, claiming innocence, lack of specific allegations, absence of eyewitnesses and that other co‑accused had already been released on bail. The State opposed the bail on grounds of the gravity of the offences. After hearing both sides, the Patna High Court found that the petitioners’ situation was similar to the other co‑accused and that there was insufficient material linking them directly to the crime. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the 3rd Additional Sessions Judge, East Champaran.
Issues considered
- Whether bail can be granted to accused persons charged with offences under Sections 121, 121A, 124A, 427, 120B, 307 IPC and related statutes in a case involving alleged terrorist activity and train derailment.
- Whether the lack of specific allegations and eyewitness testimony against the petitioners justifies bail despite the seriousness of the charges.
Legislation cited
- Criminal Law Amendment Act — s. 17
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120B, 121, 121A, 124(a), 307, 427
- Prevention of Damage to Public Property Act — s. 3, 4
- Railway Act, 1989 — s. 150, 151, 152
- Unlawful Activities (Prevention) Act — s. 16, 17
Subjects
- bail
- terrorism
- explosives
- train derailment
- IPC sections 121, 124A, 307
- UAPA
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2256 of 2026
Arising Out of PS. Case No.-151 Year-2014 Thana- CHAKIA District- East Champaran
======================================================
1. Biru Kumar @ Guddu Ram son of Ram Pratap Ram Resident OF Village-
Chaturpatti, P.S-Paru, District-Muzaffarpur
2. Rajdhari Ram son of Late Ramprit Ram Resident OF Village- Chaturpatti,
P.S-Paru, District-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidhyanath Thakur, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard Mr. Baidyanath Thakur, learned counsel for the
petitioners and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Chakia P.S. Case No. 151 of 2014 registered for the
offence punishable under Sections 121, 121(A), 124(a), 427,
120(B) and 307 of the Indian Penal Code, Sections 3& 4 of the
Explosive Substance Act, Sections 3 & 4 of the Prevention of
Damage of Public Property Act, Sections 16 & 17 of the
Unlawful Activities Prevention Act, Section 17 of the Criminal
Law Amendment Act, Sections 150, 151, 152 of the Railway
Act, 1989.
Patna High Court CR. MISC. No.2256 of 2026(2) dt.05-02-2026
2/3
3. The case of the prosecution is that a goods train has
derailed near Harpur Halt between Chakia and Mehsi Railway
Station. Chakia Police visited the place of the occurrence, and it
is alleged that CPI (Maoist) has given a call of bund, and they
kept explosives, and on account of that, a goods train has
derailed. Altogether 51 accused persons are named in the FIR.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioners has submitted that
there is no specific allegation against these petitioners and there
is no eye witness to the occurrence. It has further been
submitted that the only allegation against the petitioners is that
they are member of the mob. It has also been submitted that
similarly situated other co-accused persons have already been
granted bail by learned Co-ordinate Benches vide Cr. Misc. Nos.
20568 of 2015, 7434 of 2018 and so on. The case of these
petitioners stands on similar footing. Learned counsel further
submits that the petitioners are languishing in judicial custody
since 09.09.2025.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.2256 of 2026(2) dt.05-02-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each of them with
two sureties of the like amount each to the satisfaction of the
learned 3rd Additional Sessions Judge, East Champaran,
Motihari in connection with Chakia P.S. Case No. 151 of 2014.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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