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Patna High Court

Anil BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding insufficient evidence to justify continued detention.

Summary

The petitioner, Anil Baitha, was implicated in a 2013 case involving alleged possession of illegal arms and alleged links to a banned Maoist/Naxalite organization, based primarily on the confessional statement of co-accused Lakhindra Paswan. No weapons or incriminating articles were recovered from Baitha's conscious possession, and the four prosecution witnesses examined did not corroborate his involvement. Baitha's counsel argued that the confession of a co-accused has no evidentiary value and that the case was politically motivated. The State opposed bail, citing the seriousness of the offences under the Arms Act, UAPA and the Criminal Law Act. After reviewing the evidence, the Court found the prosecution's case against Baitha weak and ordered his release on regular bail, subject to conditions of personal presence at trial and surety. The bail bond was set at Rs. 10,000 with two sureties, one of whom must be a family member. The decision underscores the principle that bail may be granted when the prosecution fails to establish a prima facie case despite the gravity of the alleged offences.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Arms Act, UAPA and the Criminal Law Act
  • Whether the confessional statement of a co-accused can form the sole basis for bail denial

Legislation cited

Subjects

  • bail
  • arms seizure
  • UAPA
  • confessional statement
  • co-accused
  • criminal procedure
  • terrorism
  • Naxalite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80336 of 2025
                   Arising Out of PS. Case No.-445 Year-2013 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Anil Baitha Son of Jaleshwar Baitha Resident Of Village- Gopalpur PO-
                 Purkhouli PS- Vaishali Distt -Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Ranjan
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   17-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Hajipur Sadar P.S. Case

                   No. 445 of 2013 registered for the offences punishable under

                   Sections 25(1-b)a, 26 and 35 of the Arms Act, Section 13 of the

                   Unlawful Activities (prevention) Act and Section 17 of CL Act.

                                3. As per the prosecution story, the informant has

                   alleged that on receiving a confidential information                           on

                   29.12.2013, regarding the presence of active Maoist/Naxalite

                   members at village Qazipur with intent to commit a major

                   incident, a special raiding team was constituted. At about 02:00

                   hrs on 29.12.2013, a raid was conducted at the house of

                   Lakhindra Paswan. During the raid, some persons fled away by
Patna High Court CR. MISC. No.80336 of 2025(3) dt.17-01-2026
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          taking the benefits of the darkness, and Lakhindra Paswan was

          apprehended. On interrogation, he disclosed that he was an

          active member of the banned Maoist Naxalite organization and

          admitted that illegal arms and ammunition were concealed in his

          house. On his disclosure, a search was conducted and one

          country-made double-barrel gun, three 12-bore country-made

          guns, two country-made pistols, five 12-bore cartridges, five

          7.62-mm cartridges, and five 3.15-mm cartridges, all live, were

          recovered from his house and seized in the presence of

          witnesses after preparation of a seizure list. A black Nokia

          mobile phone with SIM No. 8873344398 was also recovered

          from his possession. Lakhindra Paswan failed to produce any

          valid license for the recovered arms and stated that the weapons

          were jointly collected and used by him and his associates.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in the

          present case, as no incriminating article has been recovered

          from his conscious possession. It is further submitted that the

          petitioner’s name surfaced solely on the basis of the

          confessional statement of co-accused Lakhindra Paswan made

          before the police, which has no evidentiary value in the eye of

          law. The petitioner has been dragged this case due to local
Patna High Court CR. MISC. No.80336 of 2025(3) dt.17-01-2026
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          village politics. Learned counsel further submits that the trial

          has commenced and four prosecution witnesses have already

          been examined, none of whom have supported the prosecution

          case or the alleged involvement of the petitioner. It is also

          submitted that after closure of the prosecution evidence, the

          prosecution’s petition under Section 311 Cr.P.C. has been

          allowed, and the evidence has been reopened.

                       5. Learned A.P.P. appearing on behalf of the State has

          vehemently opposed the prayer for bail of the petitioner.

                       6. After going thorough the entire evidence of PW

          Nos. 1, 2, 3 and 4, it appears that none have supported the

          involvement of the petitioner in the instant case and nothing has

          been recovered from his conscious possession.

                       7. Keeping in view the aforesaid facts and considering

          the period under custody, let the petitioner, above named, be

          released on bail after framing of charge on furnishing bail

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

          like amount each to the satisfaction of learned District and

          Additional Sessions Judge-14, Vaishali at Hajipur in connection

          with Hajipur Sadar P.S. Case No. 445 of 2013 subject to the

          following conditions :-

                       (i). Petitioner will remain physically present in trial on

          each and every date till the disposal of the case failing which, on
           Patna High Court CR. MISC. No.80336 of 2025(3) dt.17-01-2026
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                     two consecutive dates without reasonable cause, the bail bond of

                     the petitioner may be cancelled by the Trial Court.

                                  (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U      T


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