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Patna High Court

Darkhan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing his release on bond with conditions.

Summary

The petitioner, Darkhan Rai, was arrested in connection with a 2013 case alleging his involvement in planting a pressure‑cooker bomb, charged under the Explosive Substances Act and Section 17 of the Criminal Amendment Act. The prosecution’s case relied on a confessional statement of a co‑accused, with no incriminating material recovered from the petitioner and he was not named in the FIR. The petitioner argued that he was falsely implicated, had no links to any Naxalite group, and cited the bail granted to a similarly situated co‑accused. The State contended that the petitioner was a Naxalite member who participated in the bomb planting. Considering the absence of seized evidence, the petitioner’s custody duration, and the precedent of bail to a co‑accused, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations of involvement in a bomb‑planting offence under the Explosive Substances Act and Criminal Amendment Act.
  • Whether the confessional statement of a co‑accused suffices to justify continued detention in the absence of material evidence against the petitioner.

Legislation cited

Subjects

  • bail
  • explosive substances
  • Naxalite
  • confessional statement
  • co‑accused
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6574 of 2026
                  Arising Out of PS. Case No.-6 Year-2013 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Darkhan Rai Son of Ramashish Rai Resident of Village- Parai, P.S.-
                 Sikarganj, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Pakarideyal P.S. Case No. 06 of 2013 registered

                   for the alleged offences under Sections ¾ of Explosive

                   Substance At and Section 17 of Criminal Amendment Act.

                                03. As per prosecution case, an information was

                   received by the police about planting of bomb on a diversion

                   from the main road by the naxalite. The place was cordoned off

                   and searched and a pressure cooker bomb was found two feet

                   below the road. The name of the petitioner transpired during

                   investigation for being involved in planting of the bomb.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.6574 of 2026(2) dt.04-02-2026
                                            2/3




          case. The petitioner is not named in the FIR and his name came

          up in this case on the basis of confessional statement of co-

          accused Hari Das @ Harijee. However, nothing incriminating

          has been recovered from person or possession of this petitioner,

          who is not even member of any naxalite group. Learned counsel

          further submits that the petitioner has criminal antecedent of

          three cases of the year 2008 and 2012, respectively, and he is on

          bail on all such cases. The petitioner is in custody since

          10.10.2025 and charge-sheet has been submitted. Learned

          counsel further submits that similarly placed co-accused,

          Nathuni Sah, has been granted bail by a Co-ordinate Bench of

          this Court vide order dated 28.01.2026 passed in Criminal Misc.

          No. 4665 of 2026.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          petitioner is a member of naxalite group and he planted bomb

          along with his other associates on a road which might have

          caused heavy loss of life and property.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          absence of recovery of any incriminating article from the

          petitioner and further considering the period of custody of the
           Patna High Court CR. MISC. No.6574 of 2026(2) dt.04-02-2026
                                                       3/3




                     petitioner along with submission of charge-sheet, the petitioner

                     above named is directed to be released on bail on furnishing bail

                     bonds of Rs. 10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Motihari, East Champaran/court concerned in

                     connection with Pakarideyal P.S. Case No. 06 of 2013, subject

                     to the conditions mentioned in Section 480(3) of BNSS and the

                     following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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