Created by Fuzzy Cloud

Patna High Court

Rohit Rai @ Prakash @ ManojversusUnion of India Through Director General N I A

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order denying bail and directed the release of the appellant on bail, finding insufficient prima facie evidence and undue pre‑trial detention.

Summary

The appellant, Rohit Rai, was arrested on 7 August 2023 with a firearm and alleged Maoist connections, and the NIA Special Judge denied his bail application in a case under the Arms Act and the Unlawful Activities (Prevention) Act. The appellant contended that the prosecution’s case lacked prima facie evidence, highlighted discrepancies in the recorded time of arrest, and argued that no witness had directly linked him to levy collection or the alleged organization. He also pointed out the extensive delay in trial, with only eight of the projected 80 witnesses examined, and cited his right to life under Article 21. The NIA argued that the appellant’s association with other accused established his involvement. The Patna High Court, after evaluating the material, found the evidence insufficient, noted the prolonged pre‑trial detention, and held that continued incarceration would violate the appellant’s constitutional rights. Consequently, the court set aside the lower court’s order and granted bail on a bond of Rs.25,000 with two sureties, subject to conditions under Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the appellant is entitled to bail under the Arms Act and the Unlawful Activities (Prevention) Act given the alleged facts.
  • Whether the prosecution has established a prima facie case linking the appellant to levy collection and Maoist activities.
  • Whether the prolonged pre‑trial detention violates the appellant’s right to life under Article 21 of the Constitution.
  • Whether the discrepancies in the arrest time and lack of independent witness testimony affect the bail decision.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Unlawful Activities (Prevention) Act
  • NIA
  • right to life
  • pre‑trial detention
  • Maoist
  • evidence
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.661 of 2025
                           Arising Out of PS. Case No.-27 Year-2023 Thana- NIA District- Patna
                 ======================================================
                 Rohit Rai @ Prakash @ Manoj, S/o- Prakash Narayan Rai @ Baccha Rai, at
                 present R/o Village- Bagahi Kumbhapur P.S.- Saiyyad Raja, Chandauli, Dist-
                 Chandauli, U.P permanent R/O Village-Bithvar P.O.- Manihari, P.S.-
                 Bhabhua, Dist- Kaimur.
                                                                          ... ... Appellant/s
                                                   Versus
                 Union of India Through Director General N I A Bihar
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :       Mr. Alok Kumar, Sr. Advocate
                                                  Mr.Raghwendra Pratap Singh, Advocate
                                                  Ms. Tanya Kumari, Advocate
                 For the Respondent/s     :       Mr.(Dr.) Krishna Nandan Singh, Sr. Adv. (A.S.G)
                                                  Mr. Manoj Kumar Singh, Spl.P.P., NIA
                                                  Mr. Shivaditya Dhari Sinha, Advocate
                                                  Mr. Abhinav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

6   09-01-2026                  Heard Mr. Alok Kumar, learned senior counsel for the

                   appellant and Mr. (Dr.) K. N. Singh, learned A.S.G. for the NIA

                   assisted by Mr. Manoj Kumar Singh, Advocate.

                                2. This appeal has been preferred for setting aside the

                   impugned order dated 04.04.2025 by which the learned Special

                   Judge, NIA, Patna has rejected the appellant’s prayer for bail in

                   connection with Special Case No.10 of 2023 arising out of NIA

                   P.S. RC No.27/2023/NIA/DLI dated 26.09.2023 registered for

                   the offences punishable under Sections 25(1-b)a, 26 and 35 of

                   the Arms Act and Sections 13, 16, 18 and 20 of the Unlawful
Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                            2/7




          Activities (Prevention) Act (in short ‘UA(P)’ Act).

                       3. The prosecution case is based on a written report of

          one Kamlesh Paswan, the officer in-charge of Goh police

          station, Aurangabad recorded on 07.08.2023 at about 12.15 hrs.

          In his written report, the officer in-charge, Goh police station

          has recorded that on 07.08.2023 at about 12.15 hrs on a secret

          information that two Maoists, who were riding on a red colour

          motorcycle, were planning to commit some crime near the

          village Dehuri canal, he reached there and saw that two persons

          were coming on a motorcycle. On seeing the police personnel,

          the motorcycle rider attempted to escape by turning the

          motorcycle but on chase both the persons were apprehended and

          disclosed their names as Rohit Rai @ Prakash (the appellant)

          and Pramod Yadav. On search from the possession of appellant,

          a firearm having six rounds capacity of firing with three live

          cartridges were recovered. It is alleged that from the possession

          of the appellant, certain articles/pamphlets and diary were also

          recovered which would indicate that he was a member of the

          prescribed organization, namely, CPI (Maoist) and was engaged

          in collection of levy to strengthen the financial condition of the

          organization.

                       4. It appears that in this case, the appellant is said to
Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                            3/7




          have been arrested on 07.08.2023 at 12.15 hrs and from his

          possession one pistol and three live cartridges with some

          documents allegedly showing his connection with CPI (Maoist),

          Magadh Zone have been recovered.

                       5. Learned senior counsel for the appellant has drawn

          the attention of this Court towards disclosure statement said to

          have been recorded by the NIA (D-22) present at Annexure-P/3.

          The attention of this Court has been drawn towards the fact that

          even as this disclosure statement has not been signed by the

          appellant but it bears the signature of the two witnesses and

          three NIA personnel. According to this statement, the appellant

          was arrested by police on 07.08.2023 at 9.00 PM. It is submitted

          that in view of the said disclosure statement on which the NIA

          has placed reliance by enclosing it with the charge-sheet, the

          time of arrest of the appellant and the date and time of

          recording of the FIR would become doubtful.

                       6. Learned senior counsel submits that from the entire

          materials, which have been collected by the NIA, it is not shown

          that this appellant had ever demanded any Rangdari/Levy from

          any person. There is no witness at all to say that this appellant

          had ever approached him for demand of levy. It is also

          submitted that the NIA has brought one printing press owner as
Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                            4/7




          a witness in this case who has alleged that this appellant was

          one of the persons who had approached him for printing of the

          levy receipts which he had denied.

                       7. It is submitted that the modus operandi of

          implicating the appellant through this witness may be seen from

          the fact that no TIP was conducted even as the appellant was in

          custody of the NIA in jail, his photograph was shown to the

          witness and then the witness stated that this appellant was one

          of the persons who had approached him for printing of the

          receipt.

                       8. Learned senior counsel further submits that in this

          case even as the appellant has been made accused in two other

          cases, it would appear that one of the cases was registered only

          one week before the present case and the another one was

          recorded on the very next day. In both the cases, the appellant

          has been granted bail as no sufficient materials could be brought

          before the Court to even prima-facie show the involvement of

          the appellant.

                       9. Learned senior counsel has further pointed out that

          the levy receipts which are said to have been found in

          possession of the appellant did not bear any receipt in the

          handwriting of the appellant and there is no such material
Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                            5/7




          collected in course of investigation. In these circumstances,

          there being no prima-facie material on the records, the

          continued incarceration of the appellant is an infringement of

          his right to life under Article 21 of the Constitution of India.

                       10. To strengthen his submissions, learned senior

          counsel submits that in this case altogether 113 witnesses are to

          be examined by the NIA and till date only eight witnesses have

          been examined even as the appellant is in jail since 07.08.2023.

          Thus, there is no chance of conclusion of trial in next few years.

                       11. The appeal has been contested by learned ASG

          representing the NIA. It is submitted that in course of

          investigation the witnesses have stated that this appellant was

          one amongst the persons who were seen with other accused

          persons of this case and he was engaged in strengthening the

          organization of CPI (Maoist) in the area.

                       12. Learned ASG has further submitted that the NIA is

          intending to prune the number of witnesses in this case and it is

          likely to be brought down to 80 witnesses. It has already been

          brought down to 80 witnesses and they are further thinking to

          prune it down.

                       13. Learned ASG submits that since this appellant has

          been found associated with the other accused persons, his
Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                            6/7




          connection with the Maoist organization has been established.

                       14. Having heard learned senior counsel for the

          appellant and learned ASG for the NIA as also on perusal of the

          records placed before this Court, we have noticed at this stage

          that so far as this appellant is concerned, it is alleged that from

          his possession one country made pistol with three live cartridges

          and some incriminating documents are said to have been

          recovered from his possession. In course of hearing even as we

          called upon learned ASG to demonstrate that any independent

          witness or protected witness in this case has taken name of this

          appellant as one of the persons demanding the levy, no material

          of that kind has been shown to us. It is not denied that the owner

          of the printing press was shown the photograph of the accused

          and on the basis of his identification from the photograph, it is

          stated that this appellant was one amongst the persons who had

          gone to the printing press for printing of the levy receipt, though

          the printing press owner had not printed the same . It is not known

          who had printed the levy receipt and further this Court has not

          been shown any material showing that this appellant had written

          or put his signature or gone to any person demanding the levy.

                       15. We find that in the circumstances, he has remained

          in jail for about two years five months by now, only eight
               Patna High Court CR. APP (DB) No.661 of 2025(6) dt.09-01-2026
                                                           7/7




                         witnesses have been examined so far, as per present estimation

                         altogether 80 witnesses are to be examined, therefore, this trial

                         is not likely to be concluded in near future, the appellant has

                         already been granted bail in other two cases, in the

                         circumstances, we set aside the impugned order and direct

                         release of the appellant on bail on furnishing bail bonds of

                         Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

                         of the like amount each to the satisfaction of learned Special

                         Judge, NIA, Patna in connection with Special Case No.10 of

                         2023 arising out of NIA P.S. RC No.27/2023/NIA/DLI, subject

                         to the conditions as laid down under Section 480 (3) of Bhartiya

                         Nagarik Suraksha Sanhita and subject to further condition that

                         during the trial, the appellant shall present himself on the dates

                         fixed in the matter and, in case of two consecutive defaults in

                         putting appearance, his bail bond shall be cancelled by the

                         learned trial court.

                                      16. This appeal is allowed.



                                               (Rajeev Ranjan Prasad, J)


                                                     ( Ritesh Kumar, J)
arvind/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.