Patna High Court
Suresh @ Loha @ Loha Singh @ Suresh Singh BhogtaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, upholding the earlier order and finding no ground to grant regular bail.
Summary
The petitioner, Suresh Singh Bhogta, was arrested in connection with a 2022 case alleging that he and others planted explosive substances to attack security forces, charging him under IPC sections 353 and 120B, the Arms Act, the Explosive Substance Act and the U.A.P. Act. He applied for regular bail, claiming innocence and political victimisation, and noting that no incriminating material was found on his person. The State opposed bail, emphasizing his alleged participation and labeling him a naxal involved in anti‑national activities. The High Court, after reviewing the earlier bail denial, found no sufficient ground to overturn its prior order and declined to grant bail. The application was dismissed with a direction to the lower court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the charges and alleged involvement in naxal activities
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Explosive Substance Act — s. 3, 4, 5
- Indian Penal Code — s. 120B, 353
- U.A.P. Act — s. 16, 18, 20, 38
Subjects
- regular bail
- IPC
- Arms Act
- Explosive Substance Act
- UAP Act
- naxal
- anti‑national activities
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30023 of 2026
Arising Out of PS. Case No.-315 Year-2022 Thana- MADANPUR District- Aurangabad
======================================================
Suresh @ Loha @ Loha Singh @ Suresh Singh Bhogta S/o- Sohar Singh
Bhogta @ Sohar Singh Village- Tilhe Tand, P.S.-Dhangai, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Madanpur P.S. Case No. 315
of 2022 registered for the offence punishable under Sections
353, 120B of the Indian Penal Code and Sections 25(1-b)a, 26,
35 of the Arms Act and Sections 3, 4, 5 of the Explosive
Substance Act and Sections 16, 18, 20, 38 of the U.A.P. Act.
Earlier the bail application of the petitioner was rejected vide
order dated 09.09.2025 passed in Cr. Misc. No. 60921 of 2025
which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Madanpur P.S. Case No. 315 of 2022
registered for the offence punishable under Sections
Patna High Court CR. MISC. No.30023 of 2026(2) dt.07-05-2026
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353, 120B of the Indian Penal Code and Sections 25(1-
b)a, 26, 35 of the Arms Act and Sections 3, 4, 5 of the
Explosive Substance Act and Sections 16, 18, 20, 38 of
the U.A.P. Act.
3. As per prosecution case, the allegation
FIR named accused persons is that they planted many
explosive substances to harm security forces. It is
further alleged that upon search many explosive
articles were recovered.
4. Learned counsel for the petitioner
submits that the petitioner is innocent and has
committed no offence. He has falsely been implicated
in this case due to dirty village politics. The petitioner
was not apprehended on the spot and he has no
concern with the alleged occurrence. It is further
submitted nothing incriminating article has been
recovered from his conscious possession. The
petitioner is languishing in judicial custody since
22.04.2025 and he is accused in three more cases
which are under UAP Act.
5. Learned APP appearing for the state has
opposed the prayer of regular bail.
6. Considering the participation of the
petitioner in the alleged offence and also considering
the fact that the petitioner is a naxal and he is involved
in anti-national activities, this Court is not inclined to
grant bail to the petitioner.
7. Accordingly, this application is
dismissed.
3. It has been submitted by the learned counsel for
Patna High Court CR. MISC. No.30023 of 2026(2) dt.07-05-2026
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the petitioner that till now only charge has been framed.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial.
(Sandeep Kumar, J)
tusharika/-
U T
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