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Patna High Court

Nilam Kushwaha @ Kumari Nilam SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioners, Nilam Kushwaha and Arvind Bhagat, parents of a man named Gautam, sought anticipatory bail fearing arrest in a case registered under Sections 89 and 64 of the Bihar Narcotic Substances Act, 2023. They alleged that the case was false, stemming from a personal dispute between Gautam and an informant, and that they were being implicated to coerce Gautam. The State opposed the bail, arguing the seriousness of the offences. The court examined the petitioners' clean antecedents and the claim of false implication, and considered the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The judge granted anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with two sureties, subject to the usual conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438(2) of the Cr.P.C. in a case under Sections 89 and 64 of the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations of false implication and coercion justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNS
  • Bihar Narcotic Substances Act
  • false implication
  • coercion
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13948 of 2026
                       Arising Out of PS. Case No.-275 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
           1.     Nilam Kushwaha @ Kumari Nilam Sinha W/O Arvind Bhagat R/O Village-
                  Chehrakala, P.S- Kathara, Distt.- Vaishali.
           2.     Arvind Bhagat S/O Hirdey Bhagat R/O Village- Chehrakala, P.S- Kathara,
                  Distt.- Vaishali.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raja Ram Rai, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 89 and 64

                   of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of one case and the informant alleges that

                   Gautam, son of the petitioners, on 16.05.2021, had kidnapped

                   her along with his friends and took her to an unknown place for

                   which Goraul (Kathara) P.S. Case No. 208 and 2021 was

                   instituted. It is next alleged that in the aforesaid case, she was

                   made to give a statement in favour of the accused person on
Patna High Court CR. MISC. No.13948 of 2026(2) dt.31-03-2026
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          point of threat that her father would be killed and sister

          kidnapped. Further, Gautam kept establishing physical relation

          with her since she was 16 years of age and Gautam with help of

          petitioner no. 2 in the year 2023 and 2024 got her aborted.

          Further, petitioners also helped Gautam in his misdeeds and on

          09.05.2025 left her at her parents’ place and said that if

          occurrence is disclosed the same thing will happen with her

          sister. Further, a video of Gautam roaming with gun is viral on

          the social media.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that Gautam and the

          informant were in a relationship but then the relationship soured

          and the instant false case came to be instituted with the

          aforesaid allegation. It is next submitted that petitioners, being

          parents of Gautam, have been implicated with a view to coerce

          Gautam into submission.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners, above-named, in

          the event of their arrest or surrender within a period of six
           Patna High Court CR. MISC. No.13948 of 2026(2) dt.31-03-2026
                                                       3/3




                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

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

                     Trial Court where the case is pending/Successor Court in

                     connection with Goraul (Kathara) P.S. Case No. 275 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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