Created by Fuzzy Cloud

Patna High Court

Uday SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to strict conditions.

Summary

Uday Sharma, the father of a co-accused, was arrested on 28 May 2025 in connection with a kidnapping case registered as Piplawa P.S. Case No. 59 of 2025 and charged under Sections 137(2) and 87 of the Bihar Narcotic Substances Act, 2023. He pleaded that he has a clean antecedent and was falsely implicated merely because of his relationship to the main accused, Saurabh Kumar. The State opposed his bail, arguing the seriousness of the kidnapping allegation. The Patna High Court, after considering the facts and the petitioner's clean record, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of his criminal antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient reason.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 137(2) and 87 of the Bihar Narcotic Substances Act, 2023 in a kidnapping case.
  • Whether the petitioner's alleged false implication and clean antecedent justify bail.
  • Whether the petitioner poses a risk of tampering with evidence or fleeing.

Legislation cited

Subjects

  • bail
  • kidnapping
  • false implication
  • clean antecedent
  • Section 137(2)
  • Section 87
  • Bihar Narcotic Substances Act
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77479 of 2025
                          Arising Out of PS. Case No.-59 Year-2025 Thana- Piplawa District- Patna
                 ======================================================
                 Uday Sharma Son of Sukhnandan Sharma @ Sukhnandan Singh R/o Village -
                 Madhopur, P.S.- Maner, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                    Heard Mr. Rajesh Kumar Sinha, learned counsel for

                   the petitioner and Mr. Parmanand Prasad, learned APP for the

                   State.

                                2. Petitioner seeks bail, who is in custody since

                   28.05.2025, in connection with Piplawan P.S. Case No. 59 of

                   2025, F.I.R. dated 04.04.2025                  registered for the offences

                   punishable under Sections 137(2)/87 of the B.N.S.,2023.

                                3. Allegation against the petitioner is that he along

                   with other co-accused persons have kidnapped the daughter of

                   the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.77479 of 2025(3) dt.21-01-2026
                                            2/3




          petitioner has not committed any offence as alleged in the F.I.R.

          and he has been made accused merely on the ground that he is

          father of co-accused Saurabh Kumar and the main allegation of

          kidnappning is against co-accused Saurabh Kumar. He further

          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          28.05.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and he

          has been made accused merely on the ground that he is father of

          main accused Saurabh Kumar, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M. IV, Danapur, Patna

          in connection with Piplawan P.S. Case No. 59 of 2025, subject

          to the following conditions :-

                        (1) Petitioner 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
               Patna High Court CR. MISC. No.77479 of 2025(3) dt.21-01-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             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)
Ibrar//-

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.