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Patna High Court

Ramdeo DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners subject to a bond and conditions of appearance.

Summary

Ramdeo Das and Dipak Kumar were arrested in connection with Arwal P.S. Case No. 260 of 2025 for allegedly distributing pamphlets demanding money and possessing an illegal firearm, offences punishable under several sections of the BNS, the Unlawful Activities (Prevention) Act and the Arms Act. The prosecution alleged that the pamphlets were linked to the banned Maoist Communist Centre and that a loaded pistol and cartridge were recovered during a police raid. The petitioners contended that they were falsely implicated, that no weapon was found on petitioner No. 1 and that the motorcycle seized did not belong to them, asserting their innocence. They applied for regular bail, having been in judicial custody since 11 July 2025, while the State opposed the bail on grounds of the seriousness of the charges. The Court, after considering the custody period and the nature of the allegations, ordered that bail be granted subject to a bond of Rs 10,000 with two sureties and conditions of physical presence at trial. The order also stipulated cancellation of bail if the petitioners fail to appear on two consecutive dates without reasonable cause.

Issues considered

  • Whether regular bail can be granted to the accused despite charges under the UAPA, Arms Act and other serious offences
  • Whether the period of custody and the nature of the evidence justify bail

Legislation cited

Subjects

  • regular bail
  • UAPA
  • Arms Act
  • terrorism
  • pamphlet distribution
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77466 of 2025
                          Arising Out of PS. Case No.-260 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
           1.     Ramdeo Das S/O Late Rajju Das @ Raju Resident of Village- Chaman
                  Bigha, P.S and District- Jehanabad, Bihar.
           2.    Dipak Kumar S/O Raju Das @ Raju Ravidas R/O Village- Kodra, P.S-
                 Paliganj, Distt.- Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamlesh Kumar
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Arwal P.S. Case No. 260

                   of 2025 registered for the offences punishable under Sections

                   61(2), 351(3), 308(4), 111(3) of the BNS, Sections 10, 11 and 13

                   of unlawful Activity (prevention) Act and Sections 25(1-b)a and

                   26 of the Arms Act.

                                3. The prosecution case is that on 12.06.2025 and

                   again on 05.07.2025, levy pamphlets demanding Rs. 5,00,000/-

                   were distributed near medical establishments in Arwal, creating

                   fear and panic among doctors, chemists and the general public.
Patna High Court CR. MISC. No.77466 of 2025(4) dt.21-01-2026
                                            2/3




          On 10.07.2025, acting on secret information, the police

          intercepted a motorcycle bearing registration no. BR-25E-8551

          near village Motha on NH-110. The riders attempted to flee but

          were apprehended. Upon search, one country-made loaded

          pistol, one live cartridge, mobile phones, levy pamphlets of the

          Communist Party of India (Maoist), and other incriminating

          articles were recovered from their possession, for which no

          valid documents were produced. The seized pamphlets were

          also found to be similar to the earlier pamphlets. The accused

          persons to distributed the pamphlets to create terror in the area,

          as Maoist Communist Centre (MCC) is a banned organisation

          under the UAPA Act.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in the

          present case. It is contended that, as per the F.I.R., the allegation

          relates to the recovery of one loaded country-made pistol and a

          cartridge; however, no incriminating articles were recovered

          from the possession of petitioner no. 1, and the alleged

          motorcycle does not belong to the petitioners. Learned counsel

          further submits that the petitioners have no connection

          whatsoever with the pasting of pamphlets at medical shops and

          hospitals, and that the entire allegation is false, concocted, and
           Patna High Court CR. MISC. No.77466 of 2025(4) dt.21-01-2026
                                                       3/3




                     merely ornamental in nature. It is also submitted that, after

                     completion of investigation, the police have submitted a

                     chargesheet against the petitioners, who are languishing in

                     judicial custody since 11.07.2025.

                                  5. Learned A.P.P. appearing on behalf of the State has

                     vehemently opposed the prayer for bail of the petitioners.

                                  6. Keeping in view the aforesaid facts and considering

                     the period under custody, let the petitioners, above named, be

                     released on bail after framing of charge 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, Arawal in connection with Arwal P.S. Case No. 260

                     of 2025 subject to the following conditions :-

                                  (i). Petitioners will remain physically present in trial

                     on each and every date till the disposal of the case failing which,

                     on two consecutive dates without reasonable cause, the bail bond

                     of the petitioner may be cancelled by the Trial Court.

                                  (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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