Patna High Court
Vishal Sah @ Vishal PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties.
Summary
Vishal Sah @ Vishal Paswan was arrested in connection with a 2014 case alleging that a Maoist‑led explosive attack derailed a goods train, charging him under multiple sections of the IPC, the Explosive Substances Act, the Prevention of Damage of Public Property Act, the Unlawful Activities (Prevention) Act, the Criminal Law Amendment Act and the Railway Act. The petitioner pleaded innocence, arguing that no specific allegation or eyewitness testimony linked him to the incident and noting that a co‑accused had previously been granted bail in a similar case. The State opposed bail, citing two prior criminal cases against the petitioner. The court examined the lack of direct evidence, the petitioner’s prolonged pre‑trial detention since 11 September 2025, and the precedent of bail being granted to a similarly situated accused. Considering these factors, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether bail should be granted in a case involving serious offences such as waging war against the state, terrorism and explosives when there is no specific evidence against the accused.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the precedent of bail granted to a co‑accused in a similar case warrants similar relief.
Legislation cited
- Criminal Law Amendment Act — s. 17
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120B, 121, 121A, 124A, 307, 427
- Prevention of Damage of 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
- UAPA
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.247 of 2026
Arising Out of PS. Case No.-151 Year-2014 Thana- CHAKIA District- East Champaran
======================================================
Vishal Sah @ Vishal Paswan S/o Mahadeo Sah Resident of Village- Bangra
Firoz, P.S.- Baruraj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and 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.
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
Patna High Court CR. MISC. No.247 of 2026(2) dt.05-02-2026
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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
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that there
is no specific allegation against this petitioner and there is no
eye witness to the alleged occurrence. It has also been submitted
that similarly situated other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 58647 of 2025. The
case of this petitioner stands on similar footing. He further
submits that the petitioner is languishing in judicial custody
since 11.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
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
Patna High Court CR. MISC. No.247 of 2026(2) dt.05-02-2026
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of the like amount each to the satisfaction of the learned 13th
Additional Chief Judicial Magistrate, East Champaran, Motihari
in connection with Chakia P.S. Case No. 151 of 2014.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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