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Patna High Court

Ramswaroop Bhuiya @ Ramswaroop Bhuiyan @ Ramswrup BhuiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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