Patna High Court
Ramswaroop Bhuiya @ Ramswaroop Bhuiyan @ Ramswrup BhuiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail to the petitioner, holding that the circumstances did not warrant its grant.
Summary
The petitioner, Ramswaroop Bhuiya, was arrested in connection with a 2015 case involving alleged firing on police and CRPF personnel during a raid in forest areas of Gaya district. He faces a slew of charges under the Indian Penal Code, the Arms Act, the Explosive Substances Act, the U.A.P. Act and the C.L.A. Act. The petitioner contended that he was falsely implicated, has no prior criminal record, and is willing to cooperate with the trial, seeking regular bail. The State opposed bail, asserting that the petitioner is a Naxal and an absconder involved in serious violent offences. Considering the gravity of the offences, the alleged Naxal affiliation, and the claim of absconding, the Court declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to a petitioner alleged to be a Naxal involved in firing upon police and CRPF personnel
- Whether the seriousness of the offences and the claim of absconding justify denial of bail
Legislation cited
- Arms Act — s. 27
- C.L.A. Act — s. 17
- Explosive Substances Act — s. 3, 4, 5
- Indian Penal Code — s. 120(B), 147, 148, 149, 212, 216, 302, 307, 323, 324, 325, 326, 332, 333, 353, 379, 435
Subjects
- bail
- Naxalism
- IPC offences
- Arms Act
- Explosive Substances Act
- terrorism
- criminal procedure
- absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75050 of 2025
Arising Out of PS. Case No.-12 Year-2015 Thana- DUMARIYA District- Gaya
======================================================
Ramswaroop Bhuiya @ Ramswaroop Bhuiyan @ Ramswrup Bhuiya S/O
Late Kuleshwar Bhuiya R/O Vill.- Karhani,Kosla Tola, P.S- Dumariya,Dist-
Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Dumariya P.S. Case No. 12/2015 registered for the offences
punishable under Sections 147, 148, 149, 212, 216, 323, 324,
325, 326, 307, 353, 302, 332, 333, 435, 120(B), 379 of I.P.C.,
Section 27 of Arms Act and Sections 3/ 4/ 5 of Explosive
Substance Act and under Sections 10, 11, 13(i), 13(ii) of U.A.P.
Act and Section 17 of C.L.A. Act.
3. As per the prosecution case, police constables of
the cobra battalion and CRPF conducted a raid in the forest
areas of Baghpur, Charakpur, Pananma Tand and Navigarh.
Approximately 25 named accused and 90-100 unknown persons
Patna High Court CR. MISC. No.75050 of 2025(4) dt.19-03-2026
2/2
opened fire on the police party, who retaliated, though no
casualties occurred.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedents in
which he is on bail and he is in custody since 24.03.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner is a
naxal.
6. Considering the fact that the petitioner is a naxal
involved in firing upon the CRPF and other police personnel
and the also the fact that the petitioner is an absconder, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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