[Cites 7, Cited by 0]
Patna High Court
Binod Mishra @ Vinod Kumar Mishra @ Vinod ... vs The Union Of India Through National ... on 24 December, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.828 of 2024
Arising Out of PS. Case No.-26 Year-2023 Thana- NIA District- Patna
======================================================
Binod Mishra @ Vinod Kumar Mishra @ Vinod Kumar @ Vinod Mishra S/o
Late Jag Narayan Mishra R/o Village - Hudrahi, P.S. - Tekari, District - Gaya
(Bihar)
... ... Appellant
Versus
The Union of India through National Investigation Agency, New Delhi,
Branch Office Patna, Bihar
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Arvind Kumar Mouar, Advocate
Mr. Raj Krishna Jha, Advocate
For the NIA : Mr. Manoj Kumar Singh, Special PP
Mr. Ankit Kumar Singh, Advocate
Mr. Prabhat Kumar, Advocate
Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 24-12-2025
Heard learned counsel for the appellant and learned
Special PP for the National Investigation Agency (in short 'NIA')
as also perused the case diary and the chargesheet.
2. This appeal has been preferred challenging the order
dated 29.05.2024 passed by the learned Special Judge, NIA, Patna
in connection with Special Case No. 02/2024 arising out of NIA,
New Delhi P.S. Case No. RC/26/2023/NIA/DLI dated 31.08.2023
registered for the offences alleged under Sections 153A, 216A/34
of the Indian Penal Code and under Sections 13, 18 and 20 of the
Patna High Court CR. APP (DB) No.828 of 2024 dt.24-12-2025
Unlawful Activities (Prevention) Act, 1967. The appellant prays
for regular bail in connection with this case. He is in incarceration
since 21.03.2024.
3. The prosecution case is based on the self-statement of
one Gulshan Kumar, the Sub-Divisional Police Officer, Tekari, Gaya
registered on 10.08.2023 at 10:30 AM giving rise to Tekari P.S. Case
No. 480 of 2023 dated 10.08.2023. In his self-statement, the S.D.P.O.
(informant) has alleged that on 09.08.2023, he got a secret
information from the Central Agency that the dreaded Naxal Pramod
Mishra and Anil Yadav are staying in the house of this appellant in
village Hurrahi under Tekari Police Station and they are trying to
strengthen and expand the organization in the Magadh Area by
conducting meetings. On the basis of this information, the informant
proceeded to verify it and on 10.08.2023, the police force surrounded
the house of the appellant, in course of raid, two persons were found
who disclosed their names as (1) Pramod Mishra @ Sohan Da @
Banbari Jee @ Bibi Jee @ Baba aged about 71 years and (2) Anil
Yadav @ Ankush @ Lavkush aged 29 years. It is alleged that the
associates of these persons having sensed arrival of police had fled
away. On search, from the possession of the two Naxals, one blue-
coloured bag was seized from which in a purse seven notes of
Rs.500/- and four notes of Rs.100/- total Rs.3,900/-, four letters for
strengthening Naxal organization, one book containing 'Dadi
Patna High Court CR. APP (DB) No.828 of 2024 dt.24-12-2025
Gharelu Nukse', one book, namely, Dihgam Yog Sandesh, another
book, namely, Dastak and four memory card readers and from the
door, one Honda Shine Motorcycle were seized. Since no one was
ready to become seizure list witness, therefore, the two Constables
who were members of the raiding party became seizure list
witnesses. Both the Naxals who were caught there, they made their
disclosure statements.
4. Learned counsel for the appellant submits that so far as
this appellant is concerned, during investigation, no material much
less sufficient materials have been found against him to show that he
is involved in any Naxal activities. There is no material that he was
present in any of the meetings with said Pramod Mishra and Anil
Yadav. The reason for presence of Pramod Mishra in the house of the
appellant is that Pramod Mishra happens to be the co-brother (sadhu)
of this appellant and from the disclosure statement of Pramod Mishra
itself, it would appear that he had reached the house of the appellant
all of a sudden during the night hours when the appellant and his
wife were alone in the house.
5. Learned counsel submits that the disclosure statements
of Pramod Mishra as well as Anil Yadav have been obtained by the
NIA and on a bare perusal of the disclosure statements, it would
appear that they have not stated a single word about the involvement
of this appellant in any of the criminal activities. The NIA has not
Patna High Court CR. APP (DB) No.828 of 2024 dt.24-12-2025
gathered any evidence to show that any meeting was ever held in the
house of the appellant.
6. Learned counsel submits that the appellant has no
criminal antecedent and he has been implicated in this case solely
because of his being a relative of Pramod Mishra. The appellant has
remained in custody for over one and half year and altogether 45
witnesses are to be examined out of whom only 7 witnesses have
been examined so far.
7. On the other hand, learned Special PP for the NIA
would submit that Pramod Mishra happens to be a dreaded Naxal, he
and his associate Anil Yadav were arrested from the house of this
appellant. The appellant happens to be a relative of Pramod Mishra
being his co-brother. It is his submission that Pramod Mishra and
Anil Yadav were involved in strengthening and expanding the
organization in the Magadh Area and for their activities, they were
taking the house of this appellant as a safe stay.
8. Learned Special PP further submits that the NIA has
filed chargesheet against the appellant and there are sufficient
materials to prima-facie show that the appellant is involved in
harbouring the main accused Pramod Mishra.
9. We have considered the rival submissions at the Bar and
also perused the records. In course of hearing, we called upon
learned Special PP for the NIA to demonstrate from the case diary or
Patna High Court CR. APP (DB) No.828 of 2024 dt.24-12-2025
from the deposition of the witnesses so far that there is any evidence
to the effect that any meeting of the Naxals was held in the house of
this appellant or this appellant was found present in any of the
meetings.
10. Learned Special PP for the NIA could not demonstrate
that material from the record.
11. This Court has gone through the disclosure statements
of Pramod Mishra and Anil Kumar Yadav. Perusal of the disclosure
statements would show that they had reached the house of the
appellant all of a sudden, there is no material to show that they were
regularly staying in the house of the appellant or that any Naxal
activity was being carried out from the said house. No arms or
ammunition has been found either in the house or from the
possession of the persons arrested therefrom.
12. Having regard to the materials which we have
noticed hereinabove, particularly, that there is no material to
connect the appellant with any Naxal activity, there is no material
that any activity was being conducted from his house or that he
was participating in the said activity of the Naxals, further
considering that the appellant has remained in jail for one and half
year, he has no criminal antecedent and the trial is not likely to be
concluded in near future, we set aside the impugned
judgment/order of the learned Special Judge, NIA and direct
Patna High Court CR. APP (DB) No.828 of 2024 dt.24-12-2025
release of the appellant on bail on furnishing bail bonds of
Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Special Judge,
NIA, Patna in connection with Special Case No. 02/2024 arising
out of NIA, New Delhi P.S. Case No. RC/26/2023/NIA/DLI,
subject to the condition that during the trial, the appellant shall
present himself on the dates fixed in the matter and, in case of two
consecutive defaults in putting appearance, his bail bond shall be
cancelled by the learned trial court.
13. This appeal is allowed.
14. The case diary and other materials are being returned
to the NIA.
(Rajeev Ranjan Prasad, J)
(Sourendra Pandey, J)
lekhi/-
AFR/NAFR
CAV DATE
Uploading Date 24.12.2025
Transmission Date 24.12.2025
