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Patna High Court

Oscar Augusto RuizversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no mens rea and no incriminating material.

Summary

The petitioner, a Colombian national, was arrested near the India-Nepal border for allegedly entering Indian territory without a valid Indian visa, under Sections 3(2), 14(a) and 14(b) of the Foreigners Act, 1946. He contended that he unintentionally crossed the border while fleeing miscreants, possessed a valid Colombian passport and a Nepal visa, and that no incriminating items were found on him. The prosecution opposed bail, but the court noted the lack of mens rea, the petitioner’s clean record, the absence of illegal material, and the consular support from the Colombian Embassy. Considering these factors, the court deemed the allegations minor and granted bail with specific conditions, including sureties from embassy officials and compliance with trial requirements. The bail order was issued, allowing the petitioner’s release pending trial.

Issues considered

  • Whether a foreign national who unintentionally entered Indian territory without a valid Indian visa, under the Foreigners Act, is entitled to regular bail.
  • Whether the absence of mens rea and lack of incriminating material justify granting bail.

Legislation cited

Subjects

  • bail
  • foreign national
  • Foreigners Act
  • immigration
  • mens rea
  • consular assistance
  • border crossing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No. 4634 of 2026
                 Arising Out of PS. Case No.-213 Year-2025 Thana- MAINATAND District- West Champaran
                 ======================================================
                 Oscar Augusto Ruiz, S/o Lt. Francisco Duque, Resident of - ADO - Calle 45,
                 45-16 Bogota, Colombia, P.S-Teusaquillo- Bogota, District-Bogota
                 (Cundinamarca)
                                                                           ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                                                   Ms. Shalini, Advocate
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   26-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in Mainatand P.S.

                   Case No. 213 of 2025 dated 30-10-2025, registered under

                   Sections 3(2), 14(a), 14(b) of the Foreigners Act, 1946.

                                 3. The prosecution case, in short, is that on

                   29.10.2025, at about 12:30 A.M., while the informant was on

                   duty as Border Out Post Commander at Babhnauli, a tip-off was

                   received       regarding    a     suspicious     foreign     national      near

                   Narkatiaganj Check Post, close to Border Pillar No. 414/02.

                   Acting on this information, the personnel apprehended the

                   person and after verifying his documents, found him to be a

                   Colombian national. A Colombian passport, two mobile phones,
Patna High Court CR. MISC. No. 4634 of 2026(4) dt.26-02-2026
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          foreign currency (US Dollars and Euros), Indian and Nepalese

          currency, several international ATM cards, a driving licence and

          a travel ticket were recovered from his possession. On

          verification, it was found that the petitioner had a valid passport

          but did not have a valid Indian Visa.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in the

          present case. It is further submitted that the petitioner is a

          Colombian national having valid passport bearing No. P COL

          BG464988 and was travelling on an authorized Visa for

          migration to Nepal. Pursuant thereto, the petitioner arrived on

          24.10.2025 and proceeded towards the Narkatiaganj Check Post

          close to Border Pillar No. 414/02. The Visa was valid only for

          30 days, i.e., from 24-10-2025 to 22-11-2025 and the petitioner

          was arrested on 29-10-2025, well within the permitted period

          from Narkatiaganj Check Post close to Border Pillar No.

          414/02. It is submitted that while travelling in the border area,

          the petitioner was suddenly chased and threatened by certain

          miscreants who tried to loot him. In order to protect his life and

          belongings, the petitioner tried to escape from the said persons

          and, in that process, unintentionally crossed into Indian territory,

          without any mens rea. It is further submitted that during search,
Patna High Court CR. MISC. No. 4634 of 2026(4) dt.26-02-2026
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          no objectionable or incriminating articles were recovered from

          the possession of the petitioner. The petitioner belongs to a well-

          reputed family and his children are serving in esteemed

          professional capacities, including as a Chef and Advocate at the

          High Court of Colombia. Learned counsel for the petitioner

          handed over a copy of the letter dated 25th February, 2026,

          bearing Reference No. S-EINND-26-045 sent by the Embassy

          of the Republic of Colombia in India, informing this Court of its

          awareness of the pending proceedings and assuring full consular

          support. The Embassy has stated that it shall assist the petitioner

          in securing legal help, maintain consular contact and ensure

          compliance with all bail conditions, including appearance before

          the learned Trial Court and cooperation with the investigation.

          The said letter has been taken on record and marked as ‘X’ for

          identification. Lastly, it has been submitted that the petitioner

          has no criminal antecedents and has been in judicial custody

          since 31.10.2025. He is ready and willing to abide by all terms

          and conditions that may be imposed by this Court.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having regard to the fact that the petitioner is a

          foreign national having a valid passport and visa; as also the fact
Patna High Court CR. MISC. No. 4634 of 2026(4) dt.26-02-2026
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          that the alleged entry into Indian territory appears to be

          unintentional; as well as that no incriminating/objectionable

          material has been recovered from his possession; the petitioner

          has no criminal antecedents and has already undergone a

          substantial period of custody; and considering the nature of the

          allegations, the absence of mens rea, this Court is inclined to

          grant bail to the petitioner.

                       7. Let the petitioner be released on bail upon

          furnishing bail bonds of Rs.20,000/- (twenty thousand) with two

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

          Judicial Magistrate, First Class, Bettiah, in connection with

          Mainatand P.S. Case No. 213 of 2025, subject to the following

          conditions:

                       (i) That both the bailors of the petitioner shall be the

          officials of the Embassay of Colombia in India in view of

          communication under Reference No. S-EINND-26-045 sent by

          the Embassy of the Republic of Colombia in India.

                       (ii) That the petitioner shall remain present before the

          learned Trial Court as and when required, either physically or

          through video conferencing, by the learned Trial Court and shall

          ensure his active participation during such proceeding.

                       (iii) That the learned Court below shall release the
           Patna High Court CR. MISC. No. 4634 of 2026(4) dt.26-02-2026
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                     petitioner on bail only after satisfying itself with respect to the

                     assurance and undertaking furnished by the Embassy of the

                     Republic of         Colombia in India, as contained in its

                     communication dated 25th February, 2026 bearing Reference

                     No. S-EINND-26-045, which is taken on record and marked as

                     ‘X’ for identification.

                                  8. Let this order along with a copy of communication

                     dated 25th February, 2026, under Reference No. S-EINND-26-

                     045 sent by the Embassy of the Republic of Colombia in India

                     and marked- ‘X’ for identification be sent to the Court below at

                     once for needful.

                                  9. The bail application stands allowed.


                                                              (Khatim Reza, J)
shyambihari/-

U      T


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