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Patna High Court

Baidhnath Prasad @ Baidhnath Prasad JaiswalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the appellant, subject to a bond and surety conditions, as his age and health mitigated the risk of flight or interference with the trial.

Summary

Baidhnath Prasad, an 82‑year‑old accused, was charged under several IPC sections (341, 323, 324, 506, 504/34) and the SC/ST (Prevention of Atrocities) Act for offences arising from a 2023 case. His earlier applications for anticipatory bail were rejected by the Special Judge, the High Court and the Supreme Court, leading to his arrest in October 2025. He subsequently applied for regular bail after the charge‑sheet was filed, arguing that his advanced age and ill health made him unlikely to abscond or tamper with evidence. The Special Public Prosecutor opposed bail, citing twelve prior cases against the appellant and the seriousness of the offences. The Patna High Court, after weighing the appellant’s age, health, and lack of flight risk, ordered his release on bail conditioned on a Rs 10,000 bond, two sureties of equal amount, and the requirement that one surety be his daughter, Neelam Kumari. The court also empowered the trial judge to cancel the bail if the appellant’s release caused any delay in the trial.

Issues considered

  • Whether regular bail should be granted to an elderly, ailing accused facing serious IPC and SC/ST Act offences despite a history of multiple cases.
  • Whether the appellant’s age and health constitute sufficient grounds to outweigh the risk of absconding or tampering with evidence.
  • Whether bail can be conditioned on specific sureties and subject to cancellation by the trial court if the trial is delayed.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • SC/ST Act
  • IPC
  • age factor
  • health of accused
  • surety
  • flight risk

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1795 of 2026
                     Arising Out of PS. Case No.-274 Year-2023 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Baidhnath Prasad @ Baidhnath Prasad Jaiswal Son of Late Gorakh Prasad @
                 Gorakh Ram Resident of Village- Ghorasahan, Ward No. 03, P.S.-
                 Ghorasahan, District- East Champaran at Motihari, BIhar

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Mukesh Baitha Son of Jagarnath Baitha Resident of Village- Athmohan,
                 P.S.- Jharokhar, District- East Champaran, BIhar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Rajiv Prashant
                 For the Respondent/s   :        Ms.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-07-2026                 1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   13.04.2026 passed by the learned Special Judge, SC/ST Act,

                   East Champaran, Motihari in connection with Trial No.50 of

                   2026 arising out of Ghorasahan P. S. Case No. 274 of 2023,

                   instituted for the offences under Sections 341, 323, 324, 506,

                   504/ 34 of the Indian Penal Code and Section 3(i)(r)(s) of the

                   Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)

                   Act, whereby his prayer for grant of anticipatory bail has been

                   rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.1795 of 2026(3) dt.06-07-2026
                                             2/4




          appellant submits that appellant is an old ailing person aged

          about 82 years. It is further submitted that appellant had moved

          this Court seeking anticipatory bail by filing Cr. Appeal (S.J.)

          No.5061 of 2023 and the same came to be rejected by an order

          dated 07.10.2024. It is further submitted that thereafter the

          appellant moved before the Hon’ble Supreme Court seeking

          anticipatory bail application by filing Special Leave to Appeal

          (Criminal) No.7809 of 2025 and the same also came to be

          rejected by an order dated 08.07.2025 and the appellant was

          permitted two weeks’ time to surrender and apply for regular

          bail. It is further submitted that thereafter appellant was arrested

          on 06.10.2025. It is further submitted that thereafter appellant

          moved this Court seeking regular bail by filing Cr. Appeal (SJ)

          No.4862 of 2025 and the same was permitted to be withdrawn

          by an order dated 25.02.2026 with liberty to the appellant to

          renew his prayer for bail after framing of charge. It is next

          submitted that charges against the appellant stands framed by an

          order dated 12.03.2026.

                       4. At this stage, the learned counsel appearing on

          behalf of the Special P.P. submits that appellant has antecedent

          of 12 cases and if privilege of regular bail is granted, the

          appellant may abscond, on which the learned counsel appearing
Patna High Court CR. APP (SJ) No.1795 of 2026(3) dt.06-07-2026
                                             3/4




          on behalf of the appellant submits that appellant now is an old

          and ailing person aged about 82 years and if privilege of regular

          bail is granted, the appellant will not abscond rather will

          cooperate in the trial to prove his innocence and shall not

          indulge in any act of threatening the witness or tampering with

          evidence.

                       5. The learned Special P. P. opposes the regular bail

          application.

                       6. After hearing the learned counsel for the parties

          and considering the submission made by the learned counsel

          appearing on behalf of the appellant and also taking into

          consideration the age of the appellant, the appellant, above-

          named, is directed to be released on bail on his furnishing bail-

          bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Special Judge, SC/ST Act, East Champaran, Motihari in

          connection with Trial No.50 of 2026 arising out of Ghorasahan

          P. S. Case No. 274 of 2023, with a condition that one of the

          bailors of the appellant shall be his daughter, namely, Neelam

          Kumari.

                       7. It is further made clear that if the learned trial court

          comes to a conclusion that appellant after his release is trying
               Patna High Court CR. APP (SJ) No.1795 of 2026(3) dt.06-07-2026
                                                            4/4




                         the delay the trial of the case in any manner, the learned trial

                         court shall be at liberty to cancel the bail bonds of the appellant

                         after recording reason.




                                                    (Satyavrat Verma, J)
vikash/-

U          T


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