Patna High Court
Nilam Kushwaha @ Kumari Nilam SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 482, 64, 89
- Code of Criminal Procedure, 1973 — s. 438
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
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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
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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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