Patna High Court
Baidhnath Paswan @ Baidhnath RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Indian Penal Code — s. 34, 364A, 366, 376, 379
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
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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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