Patna High Court
Naresh Ram @ NavinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000 with two sureties and conditions of appearance and non‑tampering with evidence.
Summary
The petitioner, Naresh Ram @ Navin, was arrested in connection with a case alleging involvement in Maoist activities and charged under Sections 308(3), 308(4), 308(5) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 13, 18 and 20 of the U.P. Anti‑Terrorism Act. The prosecution’s case is based on a letter allegedly from a Maoist group, while the petitioner contends he was falsely implicated, is not named in the FIR, and has no links to any Maoist organization. He has been in custody since 26‑03‑2025 and has two prior criminal antecedents; a co‑accused had previously been granted bail. The State opposed bail, but the Court, considering the lack of direct evidence, the period of custody already served, and parity with the co‑accused, decided to grant bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict conditions regarding appearance and non‑tampering with evidence. The order directs that bail be released after framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the U.P. Anti‑Terrorism Act
- Whether the petitioner’s alleged lack of direct involvement and the period of custody already served justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(3), 308(4), 308(5), 351(3)
- U.P. Anti‑Terrorism Act — s. 13, 18, 20
Subjects
- bail
- criminal procedure
- anti‑terrorism
- Maoist
- Bharatiya Nyaya Sanhita
- U.P. Anti‑Terrorism Act
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72877 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Naresh Ram @ Navin S/o- Bigan Ram Village- Pachimari beni PS- Tandwa
District- Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Nabinagar
P.S. Case No. 73 of 2025 instituted for the offences under
Sections 308(3), 308(4), 308(5) & 351(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 13, 18 and 20 of the U.A.P.A.
Act.
3. Prosecution story, in short, is that 10-12 persons
handed over a letter to the security staff which was purported to
be of a Communist Party Maowadi. A mobile number was also
given in the letter on which, the party was to be contacted
before starting the work.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.72877 of 2025(3) dt.02-02-2026
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petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
has transpired in this case merely on the basis of conjecture and
surmises. Learned counsel further submitted that petitioner has
no direct or indirect relation with any maoist organization. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 26.03.2025 and has two criminal antecedents.
The co-accused person has already been granted bail by this
Court vide order dated 08.08.2025 passed in Cr. Misc. No.
56277 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing of
charge, if not already framed, on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Nabinagar P.S. Case No. 73 of 2025, subject
to the following conditions:
Patna High Court CR. MISC. No.72877 of 2025(3) dt.02-02-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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