Patna High Court
Ramdeo DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- Arms Act — s. 25(1-b)a, 26
- BNS — s. 111(3), 308(4), 351(3), 61(2)
- Unlawful Activities (Prevention) Act — s. 10, 11, 13
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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