Created by Fuzzy Cloud

Patna High Court

Nageshwar RavidasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to strict conditions.

Summary

The petitioners, Nageshwar Ravidas and Nitish Kumar, were arrested on 19 September 2025 in connection with a case of alleged abduction under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023. They contended that they were falsely implicated, that their names do not appear in the FIR, and that the victim’s statement under Section 183 does not mention them. The prosecution opposed bail, arguing the seriousness of the offences. The Court examined the claim of clean antecedent and the lack of direct evidence linking the petitioners to the crime. It ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and directed verification of their criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioners accused under Sections 137(2) and 140(3) of the Bihar Narcotic Substances Act, 2023.
  • Whether the petitioners were falsely implicated and lack sufficient evidence for continued detention.
  • Whether the petitioners have a clean criminal antecedent warranting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • false implication
  • sections 137, 140, 183
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6414 of 2026
                          Arising Out of PS. Case No.-532 Year-2025 Thana- BARH District- Patna
                 ======================================================
           1.     Nageshwar Ravidas S/o Late Rambriksh Ravidas Resident of Village -
                  Jagjivanpur, Police Station- Sarmera, District - Nalanda.
           2.    Nitish Kumar S/o Nageshwar Ravidas Resident of Village - Jagajiwanpur,
                 Police Station- Sarmera, District - Nalanda.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Tej Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                      Heard Mr. Tej Narayan Singh, learned counsel for

                   the petitioners and Mr. Shailendra Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   19.09.2025 in connection with Barh P.S. Case No. 532 of 2025,

                   F.I.R. dated 17.09.2025 for the offences punishable under

                   Sections 137(2) and 140(3) of the BNS, 2023.

                               3.     According to prosecution case, three accused

                   persons and one unknown person tried to abduct the informant

                   and one Govind but anyhow the informant saved himself but the

                   said accused persons were successful in abducting Govind.

                               4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.6414 of 2026(3) dt.23-03-2026
                                            2/3




          petitioners have clean antecedent and they have falsely been

          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. Apart from

          aforesaid, the petitioners are not named in the FIR and their

          names have been transpired during investigation. It appears

          from the FIR that the specific allegation is against the co-

          accused, namely, Mithilesh Chauhan, Piku Kumar, Abhimanyu

          Kumar and one unknown person. The statement of the victim

          has been recorded under Section 183 of the BNSS, 2023 in

          which the victim has not stated anything about these petitioners.

          He further submits that the police after investigation submitted

          the charge sheet against the petitioners. The petitioners are in

          custody since 19.09.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

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

          learned Additional Chief Judicial Magistrate-I, Barh Patna in

          connection with Barh P.S. Case No. 532 of 2025, subject to the
            Patna High Court CR. MISC. No.6414 of 2026(3) dt.23-03-2026
                                                        3/3




                      following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.