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Patna High Court

Vinod PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as he has a clean antecedent, no material recovered from his possession, and a co‑accused on similar charges has already been granted bail.

Summary

Vinod Pandit was arrested on 19 September 2025 in connection with an FIR alleging Naxal-related offences under Sections 308(3), 308(4), 308(5), 61(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 16, 17, 18, 20 and 21 of the Unlawful Activities (Prevention) Act. The prosecution claimed that police, acting on secret information, discovered a black flag, threatening pamphlets and other material intended to create fear ahead of elections, and that the petitioner had confessed to involvement. The petitioner contended that he has a clean antecedent, was not named in the FIR, no incriminating material was recovered from his possession, and that the only link to him is a self‑confessional statement recorded in the case diary. The court noted the absence of material evidence, the petitioner’s clean record, and that a similarly situated co‑accused had already been granted bail. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyay Sanhita and the UAPA.
  • Whether a self‑confessional statement recorded in the case diary is sufficient to deny bail in the absence of material evidence.
  • Whether the grant of bail to a co‑accused on similar charges influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • Naxal
  • UAPA
  • Bharatiya Nyay Sanhita
  • criminal antecedent
  • confession
  • evidence
  • political violence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91826 of 2025
                        Arising Out of PS. Case No.-78 Year-2025 Thana- CHIHARA District- Jamui
                 ======================================================
                 Vinod Pandit Son of Parmeshwar Pandit @ Permeshwar Pandit Resident of
                 Village- Bongi (Bougi), P.S.- Chihra, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                        Heard Mr. Satya Prakash Parasar, learned counsel

                   for the petitioner as well as Mr. Pranav Kumar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.09.2025 in connection with Chihra P.S. Case No. 78 of 2025,

                   F.I.R. dated 16.09.2025 for the offences punishable under

                   Sections 308(3), 308(4), 308(5), 61(2) of the Bharatiya Nyay

                   Sanhita, 2023 and Sections 16, 17, 18,20, 21 of the Unlawful

                   Activities (Prevention) Act.

                               3.      According to prosecution case, on secret

                   information regarding Naxal activities, police reached place of

                   occurrence and found black flag hoisted on the bamboo stick

                   foam plates, pamphlets written in red ink containing threats etc

                   and upon enquiry found that some naxalies have put the above
Patna High Court CR. MISC. No.91826 of 2025(2) dt.20-01-2026
                                            2/4




          articles with intention to create obstruction in the upcoming

          assembly election by creating fear among the villagers. Hence

          the FIR.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated and nothing has been

          recovered from the conscious possession of the petitioner. The

          petitioner is not named in the FIR and his name transpired

          during investigation on the basis of suspicion and self-

          confessional statement of the petitioner which is recorded in

          paragraph-88 of case diary and and except the aforesaid, no

          other cogent material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence and similarly situated co-accused person, namely,

          Gajadhar Mandal has been granted the privilege of regular bail

          by this Court vide order dated 19.01.2026 in Cr. Misc. No.

          90877 of 2025. He further submits that the police after

          investigation submitted the charge sheet and the petitioner is in

          custody since 19.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.91826 of 2025(2) dt.20-01-2026
                                            3/4




          submits that petitioner has confessed his guilt in the present

          occurrence.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and nothing recovered from the

          conscious possession of the petitioner and similarly situated co-

          accused person has been granted the privilege of regular bail

          this Court, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Additional Chief Judicial Magistrate-2nd, Jamui in

          connection with Chihra P.S. Case No. 78 of 2025, subject to the

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at
            Patna High Court CR. MISC. No.91826 of 2025(2) dt.20-01-2026
                                                        4/4




                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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