Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @ Bhola Singh Bhokta @ Vikash Singh Bhokta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4510 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Darogi Singh Bhokta @ Uma Singh Bhokta @ Darogi Singh, S/o Ramkhelawan Singh Bhokta, R/o Vil.- Chhakarbandha, P.S- Dumariya, Dist .- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6897 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @ Bhola Singh Bhokta @ Vikash Singh Bhokta, S/o- Bigan Singh @ Vigan Singh Bhokta, Resident of Village- Mohrav, P.S. Dumaria, District- Gaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24787 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Jairam Yadav @ Prasad Yadav Son of Mannu Yadav @ Bhun Yadav, Resident of Village - Baghpur, P.S.- Maigra, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28781 of 2025 Arising out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Sanjay Yadav @ Ram Sanan Yadav Son of Rambharat Yadav @ Rambhart Yadav Vill -Naikadih PS-Maigra Dist -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
2/7 ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 4510 of 2025) For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s:
Ms. Rita Verma, APP (In CRIMINAL MISCELLANEOUS No. 6897 of 2025) For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s:
Mr. Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 24787 of 2025) For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s:
Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 28781 of 2025) For the Petitioner/s :
Md. Javed Jafar Khan, Advocate For the Opposite Party/s:
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
2. The petitioners seek bail in connection with Dumariya P.S. Case No. 14 of 2014 instituted for the offences under Sections 147, 148, 149, 435, 436 and 120(B) of the Indian Penal Code, Sections 3/4 of Explosive Substance Act and Section 17 of CLA Act. Petitioners namely Darogi Singh Bhokta @ Uma Singh Bhokta @ Darogi Singh has one criminal antecedent, Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @ Bhola Singh Bhokta @ Vikash Singh Bhokta has no criminal antecedent, Jairam Yadav @ Prasad Yadav has two criminal antecedents and Sanjay Yadav @ Ram Sanam Yadav has one criminal antecedent.
3. As per the prosecution case, the informant happens to be the Police Inspector-cum-SHO of PS Dumariya has al-
3/7 leged that on 27.03.2014 he heard a sound of bomb explosion. On confidential information, he got knowledge that the extremist belonging to MCC had exploded bomb and blown away the Airtel Mobile Tower situated at Dumaria Bazar. The police reached with armed forces and on search they recovered cane bomb of five litre and other explosive substances. It is further alleged that on inquiry villagers disclosed the names of fifty MCC extremists who were named in the FIR and about fifty unknown MCC extremists were also involved in the alleged occurrence.
4. Learned counsel appearing on behalf of petitioner namely Darogi Singh Bhokta @ Uma Singh Bhokta @ Darogi Singh in Cr. Misc. No. 4510 of 2025 that the petitioner is not named in the FIR and his name has surfaced in the course of investigation and his name was inserted in the year 2019. It is further submitted that the petitioner has no concern whatsoever with the alleged incident. It is also submitted that no incriminating or explosive substance has been recovered from the physical conscious possession of the petitioner and he has no concern with the MCC extremist group. It is next submitted that there is one criminal case against him but that is of the year 2020. It has also been submitted that similarly situated co-accused persons
4/7 namely Chandeshwar Rajak @ Teyagi Jee @ Shiv Shankar @ Shiv Shankar Dhobi @ Baba and Abhay Yadav @ Govind Yadav have been granted bail by orders of this Court dated 28.09.2018 and 04.06.2020 passed in Cr. Misc. Nos. 48081 of 2018 and 7169 of 2020 respectively and the orders of this Court have been brought on record vide Annexure-P/2 and P/3. It is lastly submitted that the petitioner is in custody since 22.09.2024.
5. Learned counsel appearing on behalf of petitioner namely Lalvir Singh @ Vikash Singh @ Mol Singh Bhagat @ Bhola Singh Bhokta @ Vikash Singh Bhokta in Cr. Misc. No. 6897 of 2025 that the petitioner is named in the FIR, however, there was no parentage of the petitioner given by the police in the FIR. It is further submitted that the petitioner was not aware of the case lodged against him and only in the year 2024 he came to know about the present case. It is also submitted that no incriminating material has been recovered from the conscious possession of the petitioner and he has no concern with the incident. It is lastly submitted that the petitioner carries clean antecedent and he is in custody since 30.06.2024.
6. Learned counsel appearing on behalf of petitioners namely Jairam Yadav @ Prasad Yadav in Cr. Misc. No. 24787
5/7 of 2025 as well as the petitioner namely Sanjay Yadav @ Ram Sanam Yadav in Cr. Misc. No. 28781 of 2025 that the petitioners have been named in the present case, however, there was no reference to the parentage as well as the address of the petitioners, hence, they were not aware of the present case. It is further submitted that the petitioners were not aware of the case and at the behest of the local villagers their names has surfaced in the present case and they are not concerned with the alleged incident. It is next submitted that no incriminating material has been recovered from the conscious possession of the petitioners. It is lastly submitted that the petitioner namely Jairam Yadav @ Prasad Yadav has two criminal antecedents against his name and petitioner namely Sanjay Yadav @ Ram Sanam Yadav has one criminal antecedent against his name and they are in custody since 28.10.2024 and 11.11.2024 respectively.
7. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners and has stated that the petitioners belong to the MCC extremist group and they are involved in the present case wherein the Airtel mobile tower had been blown away by means of explosion of bomb.
8. Considering the aforesaid submissions of learned
6/7 counsels and taking into account the fact that there is nothing specific alleged against the petitioners and they are in custody since 22.09.2024/30.06.2024/28.10.2024/11.11.2024 respectively, the petitioners above named, are directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Dumariya P.S. Case No. 14 of 2014, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioners except above mentioned cases
7/7 and in case at any stage it is found that the petitioners have concealed their criminal antecedents except above mentioned cases, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of the same or in the name of verification.
7. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Gaya within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. (Sourendra Pandey, J) Vikash/- U T