Patna High Court: In the present case, petitioner along with three Nepali citizens was caught inside India on the Nepal Border and it was alleged that petitioner being a Nigerian citizen was travelling without a valid travel document. It was also alleged that no passport, Visa, or valid document was recovered from petitioner and other co-accused and they entered India illegally. Thus, petitioner seeks bail in a case registered for the offence punishable under Sections 4201, 4672, 4683, 4714, 120-B5 and 2126/347 of the Penal Code, 1860; Section 14 of the Foreigner Act, 1946 and Section 12 of the Passport Act, 1967.
A Single Judge Bench of Sandeep Kumar, J., after noting that petitioner was from Nigeria but was a monk associated with ISKCON, allowed the bail application considering petitioner’s submission that if he was granted bail, then he might be directed to stay in ISKCON Patna, and co-operate in the trial.
Counsel for petitioner submitted that petitioner was the resident of Janakpur Dham, Vihar Kund, Hanuman Mandir, Nepal, was voluntarily serving as a ‘monk’ and was a bona fide member of International Society for Krishna Consciousness (ISKCON). It was contended that petitioner had produced his passport before the authorities. As petitioner was found to be without a Visa, he could be deported to his own country but could not be detained in a prison. It was submitted that petitioner committed no offence, and he was in jail since 02-05-2023 but the trial had not yet commenced.
Counsel for opposite party opposed the grant of bail but did not give any reason for the delay in trial of petitioner though the prosecuting agency was the State of Bihar and not the Union of India. It was submitted that in view of Rule 5(iv) of the Passport (Entry into India) Rules, 1950, if the person had no valid Visa, then the passport shall also be treated to be invalid for entering India.
The Court noted that petitioner was from Nigeria but was a monk associated with ISKCON and was a resident of Nepal and a certificate regarding this was submitted by the Nepal ISKCON.
The Court allowed the bail application considering petitioner’s submission that if he was granted bail, then he might be directed to stay in ISKCON Patna, and co-operate in the trial. Thus, the Court held that petitioner should be released on bail on furnishing bail bonds of Rs 10,000 with two sureties of the like amount, subject to the condition that one of the bailors should be the President of ISKCON, Patna.
The Court directed that after the grant of bail, petitioner would stay in ISKCON, Patna and till the conclusion of the trial, the President of ISKCON, Patna would take responsibility for the stay and appearance of petitioner in Patna ISKCON and the original passport of petitioner shall be deposited in the Trial Court.
The Court accepted petitioner’s request for transfer of the case from the District Judge, Sitamarhi to the District Judge, Patna.
[Agastin Chinet Nevot v. State of Bihar, 2024 SCC OnLine Pat 6010, decided on 20-07-2024]
Advocates who appeared in this case:
For the Petitioner: Kumar Harshvardhan, Sudhanshu Prakash, Kalpana, Advocates
For the Opposite Party/s: K. N. Singh, ASG; Awadhesh Kumar Pandey, Senior CGC; Arvind Kumar, CGC; Jharkhandi Upadhyay, APP; Lokesh, Abhijeet Gautam, Advocates
1. Corresponding Section 318(4) of the Nyaya Sanhita, 2023 (‘BNS, 2023’).
2. Section 338 of the BNS, 2023
3. Section 336(3) of the BNS, 2023
4. Section 340(2) of the BNS, 2023
5. Section 61 of the BNS, 2023
6. Section 249 of the BNS, 2023
7. Section 3(5) of the BNS, 2023
Buy Penal Code, 1860 HERE
