Patna High Court
Uday SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 87
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
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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
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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
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