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Patna High Court

Baidhnath Paswan @ Baidhnath RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and surety conditions.

Summary

The petitioner, Baidhnath Paswan, was charged under IPC sections 364(A), 366, 376, 379 and 34 for alleged Naxalite‑related offences. His name entered the case only through confessional statements of co‑accused; he was not arrested at the scene and no incriminating material was found on him. Six co‑accused had already been released on bail, and the petitioner had been in custody since 10 July 2025. The State opposed bail, citing the 2011 FIR and the delay in the petitioner's appearance, while the petitioner argued lack of direct evidence and the pending stage of trial. The court noted that the trial was still at the prosecution‑evidence stage with no witnesses examined, and that the petitioner had been detained for a considerable period. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of appearance and possible cancellation for non‑appearance.

Issues considered

  • Whether bail should be granted in a case involving serious offences (IPC 364A, 366, 376, 379, 34) despite the delay since the FIR of 2011.
  • Whether the petitioner’s alleged association with a Naxalite group precludes bail.
  • Whether the pendency of trial and lack of witness examination justify granting bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Naxalite
  • delay in prosecution
  • trial pendency
  • surety
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.72560 of 2025
                    Arising Out of PS. Case No.-123 Year-2011 Thana- PATAHI District- East Champaran
                 ======================================================
                 Baidhnath Paswan @ Baidhnath Ram S/O Late Gudar Paswan Resident of
                 village - Chamainiya, P.S- Shyampur Bhataha, Dist- Sheohar
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar
                                                   Mr. Harsha Shashwat
                 For the State            :        Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   10-02-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 364(A), 366, 376, 379 and 34

                   of the Indian Penal Code.

                                  3. There is allegation against the petitioner that he is a

                   Naxalite and he along with other co-accused persons had

                   gathered together to commit some offence.

                                  4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired in this case on the basis of

                   confessional statement made by the apprehended persons and

                   the petitioner was neither arrested on the spot nor any

                   incriminating article was recovered from his possession. It is

                   further submitted that similarly situated six co-accused persons
Patna High Court CR. MISC. No.72560 of 2025(4) dt.10-02-2026
                                            2/3




          have already been enlarged on bail by co-ordinate Benches of

          this Court vide Annexure-2 series and Annexure-3. Further, the

          petitioner is not a member of any unlawful association and he is

          in custody since 10.07.2025.

                       5. Learned APP for the State has opposed the

          application for bail on the ground that the FIR is of the year

          2011 and there is enough delay caused by the petitioner. In

          response, it has been submitted that the petitioner had no

          knowledge of the said case as his name had transpired during

          the investigation as such, he could not approach the Court

          earlier and when he was arrested in some other case, he was

          remanded in the present case.

                       6. The report with regard to the stage of trial has also

          been received which shows that the same is pending for

          prosecution evidence and no witness has been examined as yet

          indicating thereby that there is no likelihood of conclusion of

          trial in the near future.

                           7. Taking into consideration the facts and

          circumstances and also considering that fact that the petitioner

          has remained in custody since 10.07.2025 with charge-sheet

          being submitted and charges having been framed, let the above

          named petitioner, be enlarged on bail on furnishing bail bond of
             Patna High Court CR. MISC. No.72560 of 2025(4) dt.10-02-2026
                                                         3/3




                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending/successor court in connection with Patahi

                       P.S. Case No. 123 of 2011, subject to the conditions that the

                       petitioner shall appear on each and every date till conclusion of

                       trial and if the petitioner does not appear on two consecutive

                       dates without any substantial and satisfactory reason, the

                       learned court below would be at liberty to cancel his bail bonds.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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