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CHANDRA PRAKASH SINGH
Eitan Ben Shahar – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Haraiya P.S. Case No. 43 of 2025 dated 25.04.2025 registered for the offences punishable under Sections 3(ii)a and 14(a)(b) of the Foreigners Act, 1946.
3. As per the prosecution case, on 24.04.2025 at about 10.00 P.M., an American Citizen, Eitan Ben-Shahar (petitioner) with Passport No. A03613065 which was valid from 30.08.2023 to 29.08.2033 and Indian Tourist Visa No. VL7846464 which was valid from 08.09.2023 to 07.09.2033 came to the Immigration Office, Raxaul, to get departure clearance from India to go to Nepal, on which, while giving departure clearance, it was found that he did not have an arrival stamp in India, while the Entry Refusal stamp of Raxaul Immigration Office dated 30.10.2024 was affixed. It is further alleged that the document verification and interrogation revealed that the said American Citizen went to Nepal on 29.10.2024, departing from Raxaul and stayed for a total of 288 days in the year 2024 and again came to the Indian Immigration Office, Raxual on 30.10.2024 to register his entry into
An FIR against a foreign national for overstaying a visa can be quashed if no violation of visa conditions occurred, emphasizing deportation over criminal prosecution.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
Possession of forged documents by an Afghan national raises credible suspicion regarding immigration status, shifting the burden of proof to the individual to establish lawful citizenship.
Bail conditions must not be excessively onerous, as this equates to a refusal of bail, violating the principles of justice, especially for foreign nationals under Article 21.
The court denied bail due to insufficient evidence against the applicant while emphasizing the need for an expedited trial.
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