Patna High Court
Nageshwar RavidasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 140(3), 183
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
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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
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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
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