Patna High Court

Bilash Bhuiyan @ Kaushal Bharti @ Bilas Bhuiyan @ Kailash Bharti @ Bilas JeeversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.

Summary

The petitioner, Bilash Bhuiyan, was arrested in connection with a 1999 incident involving a clash between police and alleged extremists, resulting in the death of a police officer and two extremists. He was charged under IPC sections 147, 149, 353, 307, 324, 302, Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. The petitioner argued that there was no specific evidence linking him to the extremist activity, that the charge had not yet been framed, and that he had been in judicial custody since 11 October 2025. The State opposed bail, citing the seriousness of the offences and a prior criminal antecedent. After hearing both sides, the High Court granted bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether bail can be granted in a case involving serious offences under the IPC, Arms Act and CLA where charges have not yet been framed.
Whether the petitioner’s alleged involvement as an extremist is sufficiently established to deny bail.

Legislation cited

Arms Act — s. 27
Criminal Law Amendment Act — s. 17
Indian Penal Code — s. 147, 149, 302, 307, 324, 353

Subjects

bail
Indian Penal Code
Arms Act
Criminal Law Amendment Act
extremist
charge framing
surety
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23104 of 2026
                       Arising Out of PS. Case No.-11 Year-1999 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Bilash Bhuiyan @ Kaushal Bharti @ Bilas Bhuiyan @ Kailash Bharti @
                 Bilas Jee S/O Sahdeo Bharti R/O Village- Gejna, P.S- Imamganj, Dist.- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sessions Trial No. 488 of 2013 arising out of Dumariya

                   P.S. Case No.11 of 1999 registered for the offence punishable

                   under Sections 147, 149, 353, 307, 324 & 302 of the Indian

                   Penal Code, under Section 27 of the Arms Act and under

                   Section 17 of the C.L.A. Act.

                                3. The case of the prosecution, in short, is that police

                   had information that extremists have organized a meeting. When

                   the informant along with his associates reached the place, they

                   started fleeing away. They also started firing at the police party.

                   There was counter firing from the police. It is further alleged

                   that one of the police personnel has received gunshot injury and
Patna High Court CR. MISC. No.23104 of 2026(2) dt.08-04-2026
                                            2/3




          has died. It is alleged that during course of firing two extremists

          also died.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that there is allegation of indiscriminate

          firing from both sides. Learned counsel for the petitioner has

          submitted that there is no specific allegation against the

          petitioner. It is only the satisfaction of the police that they have

          stated that petitioner is an extremist but there is no any evidence

          to show that the petitioner is maoist extremist. Learned counsel

          for the petitioner has further submitted that the petitioner is in

          judicial custody since 11.10.2025. Learned counsel for the

          petitioner has further submitted that till today charge has not

          been framed.

                       5. The application for bail is opposed by learned APP

          for the State. Learned APP has further submitted that the

          petitioner is having criminal antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the court of learned
            Patna High Court CR. MISC. No.23104 of 2026(2) dt.08-04-2026
                                                        3/3




                      Additional Sessions Judge-II, Sherghati, Gayajee in connection

                      with Sessions Trial No. 488 of 2013 arising out of Dumariya

                      P.S. Case No.11 of 1999.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

Continue reading with your account

Checking your session…