Rakesh Kumar vs The Union Of India Through The Director … on 24 March, 2026

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    Patna High Court – Orders

    Rakesh Kumar vs The Union Of India Through The Director … on 24 March, 2026

    Author: Rajeev Ranjan Prasad

    Bench: Rajeev Ranjan Prasad

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (DB) No.965 of 2025
                               Arising Out of PS. Case No.-11 Year-2021 Thana- NIA District- Patna
                     ======================================================
                     Rakesh Kumar, S/o Parshuram Singh, R/o Gola Road, Gajadhar Chak, PS-
                     Danapur, Distt.- Patna (Harbin), Permanent R/o Village- Bistol, PS- Karona
                     OP, District- Jehanabad (Harbin), Presently in Judicial custody at Beur
                     Central Jail, Patna
    
                                                                                         ... ... Appellant/s
                                                    Versus
                     The Union of India through the Director General, National Investigation
                     Agency, C.G.O. Complex Lodhi Road, New Delhi
    
                                                               ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Appellant/s     :        Mr.Thakur Manish Mohan, Advocate
                                                      Mr. Amit Pandey, Advocate
                                                      Ms. Ashmita Sinha, Advocate
                                                      Mr. Rakesh Kumar, Advocate
                     For the Respondent/s    :        Mr.(Dr.) K.N. Singh, ASG
                                                      Mr. Arvind Kumar, Spl.P.P., NIA
                                                      Mr. Shivaditya Dhari Sinha, Advocate
                                                      Mr.Paritosh Parimal, Advocate
                                                      Mr. Aayushman, AC to ASG
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                             and
                             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                           ORAL ORDER
    
                     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
    
    8   24-03-2026

    Heard learned counsel for the appellant and Dr. K.N.

    Singh, learned ASG assisted by Mr. Arvind Kumar, Advocate

    SPONSORED

    for the N.I.A.

    2. The records have been placed before this Court to

    consider the prayer of the sole appellant to set aside the

    impugned order dated 01.07.2025 passed by the learned Special

    Judge, NIA, Patna in Special Case No.07 of 2021 in connection

    with RC-11/2021/NIA/DLI dated 17.06.2021, arising out of
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
    2/8

    Karona OP Case No.246/2021 dated 31.03.2021 registered for

    the offences under Sections 121A and 120B of the Indian Penal

    Code, Sections 4, 5 and 6 of the Explosive Substances Act,

    1908, Sections 25(1-A), 25(1-AA), 25(1-B)(a) 26 and 35 of the

    Arms Act, 1959, Sections 13, 18, 20, 23, 38 and 39 of the

    Unlawful Activities (Prevention) Act, 1967 and Section 17 of

    the Criminal Law Amendment Act whereby and whereunder the

    learned Special Judge, NIA, Patna has been pleased to reject the

    prayer for bail of the appellant.

    3. This is the second attempt of the appellant to obtain

    bail in connection with the present case. Earlier Cr.Appeal (DB)

    No. 36 of 2023 filed before this Court for the identical relief

    was disposed of vide judgment dated 06.09.2023 with a

    direction to the learned Special Judge, NIA to conclude the trial

    within a reasonable period.

    4. Learned counsel for the appellant submits that as

    per the report received from the learned trial court, this Court

    will find that presently evidence of 31 witnesses out of total 83

    prosecution witnesses have been recorded. The learned

    Presiding Judge had been transferred and the court was lying

    vacant at the relevant time. It is submitted that in such

    circumstance where the appellant has already remained in
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
    3/8

    incarceration for almost five years since 31.03.2021 and the

    prosecution is yet to examine at least 52 witnesses, it would be

    appropriate for this Court to hear the present matter on its own

    merit keeping in view these circumstances.

    5. As per the prosecution story, as disclosed in the FIR

    lodged by the NIA on 17.06.2021, on secret information, a raid

    was conducted by the police party in the garage/workshop of

    one Parshuram Singh (father of the appellant) from where huge

    quantity of arms & ammunition, equipment used in

    manufacturing of arms, explosives, communication equipment

    and several incriminating documents related to CPI (Maoist)

    were recovered.

    6. Learned counsel for the appellant submits that it

    would be evident from the prosecution case and the seizure list

    that a raid was conducted in the garage/workshop of Parshuram

    Singh who is the father of the appellant and from the said

    garage/workshop the investigating agency had seized certain

    articles such as detonator, liver and parts of .303 rifle. So far as

    the present appellant is concerned, there is no material showing

    that this appellant was engaged in the workshop business where

    the vehicles are washed in the workshop. The investigating

    agency has not collected any evidence that in the said business
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
    4/8

    of the workshop the appellant had any role.

    7. The submission is that rather it is an admitted

    position that this appellant was working as a salesman in an

    electronic gazette showroom having a chain retail outlets in the

    State of Bihar.

    8. Learned counsel submits that in the whole

    investigation no independent witness has come forward to say

    that this appellant was ever seen in the company of the nexalite

    Uday Ji @ Rajesh Kumar Sinha @ Shailesh Srivastava.

    9. It is further submitted that the investigating agency

    has come out with a case that this appellant was on talking term

    with said Uday Ji @ Rajesh Kumar Sinha @ Shailesh Srivastava

    but neither any call detail report (CDR) nor any voice recording

    etc. has been collected by the investigating agency. In such

    circumstance, even this allegation that the appellant was on

    talking term with Uday Ji @ Rajesh Kumar Sinha @ Shailesh

    Srivastava has no basis to stand. The investigating agency has

    not found any money trail/transaction between the appellant and

    the so-called Uday Ji @ Rajesh Kumar Sinha @ Shailesh

    Srivastava.

    10. In the aforementioned background, it is submitted

    that the appellant has been arrested in this case only for the
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
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    reason that he happened to be one of the sons of Parshuram

    Singh. The appellant has remained in incarceration for almost

    five years and given the present situation, the examination of the

    prosecution witnesses is likely to take more than couple of

    years. Learned counsel has submitted that this would attract

    application of Article 21 of the Constitution of India and the

    constitutional right of the appellant is required to be respected at

    this stage when he has already suffered substantial period of

    incarceration but there is no chance of conclusion of the trial in

    near future.

    11. Learned ASG representing the NIA has opposed

    the prayer for bail of the appellant. It is submitted that this

    appellant was helping his father in connection with the

    manufacturing of the arms and ammunition. In course of

    hearing, this Court called upon learned ASG to specifically

    answer as to whether there is any independent witness with the

    investigating agency who has claimed to have seen the appellant

    in the company of the nexalite Uday Ji @ Rajesh Kumar Sinha

    @ Shailesh Srivastava, the answer is that there is no

    independent witness on this point.

    12. This Court further called upon the learned ASG to

    inform as to whether the NIA has collected any CDR or voice
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
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    recording of the appellant and the said nexalite Uday Ji @

    Rajesh Kumar Sinha @ Shailesh Srivastava with whom the

    appellant is said to be on talking term, again there is no contest

    that no such evidence has been brought on the record.

    13. It is also not contested that the NIA has not found

    any money trail/transaction between the nexalite Uday Ji @

    Rajesh Kumar Sinha @ Shailesh Srivastava and this appellant.

    14. Learned ASG submits, at this stage, that in fact the

    NIA is likely to further prune the number of witnesses and he

    has instruction to say that the number of witnesses on behalf of

    the prosecution has been pruned and it has been brought down

    to 52.

    15. Having regard to the entire facts and

    circumstances and the submissions noted hereinabove, we have

    noticed that in this case the appellant happens to be the son of

    Parshuram Singh whose garage was raided and from there

    incriminating articles were seized, however, on behalf of the

    NIA, nothing has been brought before this Court to demonstrate

    that the appellant was connected with the workshop business of

    his father, rather it is admitted that the appellant was working in

    a retail outlet of electronic gazettes and there is no independent

    witness claiming that he was seen in the company of the
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
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    nexalite Uday Ji @ Rajesh Kumar Sinha @ Shailesh Srivastava,

    there is no recovery from his personal possession or from his

    residence and no money trail/transaction has been found

    involving the appellant, even regarding criminal antecedent, it is

    stated that the appellant has no criminal antecedent, the

    appellant has remained in incarceration for almost five years

    and at this stage the trial is not likely to be concluded in next

    couple of years, keeping in view the judgment of the Hon’ble

    Supreme Court in the case of Javed Gulam Nabi Shaikh Vs.

    State of Maharashtra and Another, 2024 SCC online 1693,

    we are of the considered opinion that the impugned order is

    liable to be set aside.

    16. Accordingly, we set aside the impugned order and

    direct release of the appellant on bail on furnishing bail bond of

    Rs.25,000/-(Rupees Twenty Five Thousand Only) with two

    sureties of the like amount each to the satisfaction of learned

    Special Judge, NIA, Patna in Special Case No.07 of 2021 in

    connection with RC-11/2021/NIA/DLI, arising out of Karona

    OP Case No.246/2021, subject to the condition under Section

    437 (3) Cr.P.C. and further condition that the appellant shall

    remain present on the date fixed in the trial, two consecutive

    defaults in putting appearance before the trial court without
    Patna High Court CR. APP (DB) No.965 of 2025(8) dt.24-03-2026
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    showing any cogent reason may invite action towards

    cancellation of his bail bond by the learned trial court.

    17. This appeal stands allowed to the extent indicated

    hereinabove.

    (Rajeev Ranjan Prasad, J)

    (Soni Shrivastava, J)
    arvind/-

    U          T
     



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