Nageshwar Das @ Nage Das Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Nageshwar Das @ Nage Das Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail upon arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two like sureties each to the satisfaction of ACJM-I, Khagaria, subject to Section 482(2) BNSS conditions; order conditional on verification of claimed age of 84 years and lapses automatically if age not confirmed.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Parbatta P.S. Case No.353 of 2024 (Sections 74 and 76 BNS), given the allegation that he attempted to outrage the modesty of the informant's mentally unsound daughter, and his plea of enmity and advanced age (84 years as claimed).

Court's answer

Without entering into the merits, and keeping in mind the governing law under the RPwD Act, 2016 regarding mentally disabled persons, the court considered the petitioner's claimed age of 84 years and found that he had no intention to commit the crime, noting however that the FIR records his age as 50 years; on this basis pre-arrest bail was granted.

Ratio / Principle

Petitioner directed to be released on pre-arrest bail in the event of arrest or surrender before the learned district court within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned ACJM-I, Khagaria/concerned court, subject to conditions under Section 482(2) of BNSS, 2023.

Key takeaways

The learned district court is directed to verify the petitioner's age at the time of furnishing the bail bond from valid documents approved by the Government of India; if the age is not confirmed to be 84 years, the bail order loses its force automatically.ratio¶7

Detailed headnote1 paragraphs

Criminal Miscellaneous (pre-arrest bail) - Parbatta P.S. Case No.353 of 2024, Sections 74 and 76 BNS - Allegation of attempt to outrage modesty of informant's daughter, aged about 23 years, stated to be mentally unsound - Petitioner pleaded false implication due to enmity, clean antecedents and old age (claimed 84 years, whereas FIR records 50 years) - Court, keeping in mind the governing law under the Rights of Persons with Disability Act (RPwD Act), 2016 as regards mentally disabled persons but expressly without entering into the merits, held that considering the petitioner's claimed age of 84 years it found no intention on his part to commit the crime - Pre-arrest bail granted: release on arrest or surrender within four weeks on bail bond of Rs.10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned ACJM-I, Khagaria/concerned court, subject to conditions under Section 482(2) of BNSS, 2023 - Bail conditioned on the district court verifying the petitioner's age from valid documents approved by the Government of India; if age not confirmed as 84 years, the order loses its force automatically (Purnendu Singh, J; 12-05-2025).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3963 of 2025

Arising Out of PS. Case No.-353 Year-2024 Thana- PARBATTA District- Khagaria

======================================================

Nageshwar Das @ Nage Das S/o Late Bhoku Das, Resident of VillageKarna, Ward No 12, PS- Parbatta, District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Amar Kumar Singh, Advocate For the Opposite Party/s : Ms.Sangeeta Sharma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 12-05-2025

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

Petitioner seeks pre-arrest bail in connection with Parbatta P.S.Case No.353 of 2024, registered for the offences punishable under Sections 74 and 76 of BNS.

As per the allegation made in the FIR, the petitioner has allegedly tried to outrage the modesty of the daughter of the informant aged about 23 years, who is mentally not sound.

Learned counsel appearing on behalf of the petitioner submitted that due to enmity, the petitioner has been roped in the present case and the petitioner being an old man, aged about 84 years can not said to be involved in immoral act, as has been alleged against him. The petitioner has clean antecedent. The petitioner seeks to be released on pre-arrest bail.

Patna High Court CR. MISC. No.3963 of 2025(3) dt.12-05-2025 2/3

Mr. Ajit Kumar, learned APP has vehemently opposed the prayed for grant of pre-arrest bail to the petitioner and he has submitted that the daughter of the informant is mentally not sound and she requires compassion of the society and the petitioner taking advantage of the same committed immoral act, as such, he does not deserve to be released on prearrest bail.

Keeping in mind the governing law- Rights of Persons with Disability Act (RPwD Act) , 2016 in respect of the mental disable person, without entering into the merits of the case, considering the age of the petitioner, as claimed by him to be 84 years, I do not find that in any manner, the petitioner had any intention to commit crime, however, the FIR reveals that the age of the petitioner is 50 years, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Khagaria/concerned court, in connection with Parbatta P.S.Case No.353 of 2024, subject to conditions as laid down under Section 482(2) of BNSS of 2023.

Learned district court is directed to verify the age

Patna High Court CR. MISC. No.3963 of 2025(3) dt.12-05-2025 3/3

of the petitioner at the time of furnishing of the bail bond from the valid documents, as approved by the Government of India and if the age of the petitioner is not confirmed to be 84 years, this order will lose its force automatically.

(Purnendu Singh, J)

chn/-

U T .