Patna High Court
Anil BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- Arms Act — s. 25(1-b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 311
- Criminal Law Act — s. 17
- Unlawful Activities (Prevention) Act — s. 13
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
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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
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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
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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
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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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