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2026 Supreme(Online)(Pat) 4568

PATNA HIGH COURT
Rajesh Kumar Verma, J
Birju Sah – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.77976 of 2025|PS. Case No.-227 Year-2025



Advocates:
For the Appellants/Petitioners: Mr. Sanjay Kumar Jha
For the Respondents: Mr. Lalan Kumar, Mr. Minakshi Kumari, Mr. Munish Kumar, Mr. Shitanshu Shekhar

Bail may be granted when there are compelling factors, such as clean antecedents or plausible counterclaims regarding charges.

Headnote:Statute Analysis: The petitioner seeks bail under Sections 316, 318, 338, 336, 340 of the Bharatiya Nyay Sanhita, 2023, having been in custody since 29.07.2025 regarding an FIR dated 04.07.2025. The facts indicate the petitioner’s alleged involvement with co-accused Radha Devi in forging a document leveraging a government scheme. The court found it reasonable to grant bail considering the petitioner’s clean antecedent and a related ongoing case.

Issues: The court framed questions regarding the implications of bail, given the accusations and opposition from the prosecution.

Ratio Decidendi: The court reasoned that though the opposition cited concerns of tampering and previous cases, the petitioner presented compelling evidence of fabricated charges against him.

Result: The petitioner is granted bail on furnishing a bond of Rs. 10,000/- with specific conditions.

Table of Content
1. petitioner seeks bail for alleged forgery. (Para 2 , 3)
2. opposition from the prosecution regarding bail. (Para 4 , 5)
3. court grants bail subject to conditions. (Para 6)

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the State : Mr. Lalan Kumar, APP For the Informant : Mr. Minakshi Kumari, Advocate : Mr. Munish Kumar, Advocate : Mr. Shitanshu Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

5 22-01-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the petitioner, Mr. Minakshi Kumari, learned counsel for the Informant as well as Mr. Lalan Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

29.07.2025 in connection with Ladaniya P.S. Case No. 227 of 2025, F.I.R. dated 04.07.2025 for the offences punishable under Sections 316 , 318, 338, 336, 340 of the Bharatiya Nyay Sanhita , 2023.

3. According to prosecution case, the informant alleged that the petitioner along with other co-accused person, namely Radha Devi, who are resident of Nepal, made forged document in India taking advantage of Government of India scheme.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. The present case is counter blast of SC/ST P.S. Case No.30 of 2025 filed by the said Radha Devi against the informant and her family members. From bare perusal of Annexure-2 of the bail application, it appears that the said Radha Devi performed marriage with the petitioner and on basis of marriage, the competent authority has issued the certificate in question in favour of the petitioner and his wife and the said Radha Devi has been granted the privilege of bail by the co-ordinate Bench of this Court vide order dated 27.11.2025 in Cr. Misc. No. 76832 of 2025. He further submits that the police after investigation submitted the charge-sheet and the petitioner is in custody since 29.07.2025.

5. The learned Additional Public Prosecutor and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Ladaniya P.S. Case No. 227 of 2025, subject to the following conditions:-

i. 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 antecedent, 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)

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