Patna High Court
Darkhan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic Substances Act — s. 480(3)
- Explosive Substances Act, 1908 — s. 3
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
Checking your session…