Patna High Court
Pawan Kanti Barua @ Paban Kanti Barua @ Prasul ChakmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to cash bond, sureties and supervised residence conditions.
Summary
The Patna High Court considered the bail application of Pawan Kanti Barua, a 62‑year‑old differently‑abled Bangladeshi monk arrested for alleged illegal entry into India, possession of a forged Aadhar card and alleged offences under Sections 336(2), 337, 338 of the B.N.S. and Section 21 of the Immigration and Foreigners Act, 2025. The prosecution argued that the petitioner entered without a passport or visa and possessed forged documents, while the defence highlighted his age, disability, clean criminal record and the lack of independent witnesses. The Court noted that the petitioner was associated with the Buddha International Welfare Mission and that two senior monks were willing to supervise his stay. Relying on precedent (Kasparek Petr vs State of Bihar and Agastin Chinet Nevot v State of Bihar) the Court held that prolonged incarceration was unnecessary. Consequently, bail was granted on a cash bond of Rs 10,000 with two sureties, subject to strict conditions of residence within the welfare mission, regular reporting, and deposit of any passport.
Issues considered
- Whether bail should be granted to a foreign national accused of illegal entry, forgery and offences under the B.N.S. and Immigration Act.
- Whether the petitioner’s age, disability and lack of prior record justify release on bail despite the seriousness of the charges.
- Whether supervised residence at the Buddha International Welfare Mission satisfies the conditions for bail.
Legislation cited
- B.N.S. — s. 336(2), 337, 338
- Immigration and Foreigners Act, 2025 — s. 21
Subjects
- bail
- illegal entry
- foreign national
- forgery
- immigration law
- disability
- supervised release
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5635 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- BODHGAYA District- Gaya
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Pawan Kanti Barua @ Paban Kanti Barua @ Prasul Chakma S/o- Sukendu
Vikas Barua Village - Buddha International Welfare Mission Near Amwan
Thokar Sleeping Budha P.S- Bodh Gaya District -Gaya Jee, P/A- Jamuma
Chhada Ps- Kath Khali Dist- Rang Imami Bangaladesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through Ministry of External Affairs MEA New Delhi
New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh, Advocate
Mr. Vikram Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, A.P.P.
For the Union of India : Dr. K.N. Singh, A. S. G
Mr. Amish Kumar, CGC
Mr. Shivaditya Dhari Singh, Advocate
Mr. Amish Kumar, Advocate
Mr. Pranav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 31-03-2026 Heard Mr. Pushp Raj Singh, learned counsel for the
petitioner; Dr. K. N. Singh, learned Additional Solicitor
General for the Union of India and Mr. Jharkhandi Upadhyay,
learned APP for the State.
2. The petitioner seeks bail in connection with
Bodh Gaya P.S. case No. 335 of 2025 registered for the offence
punishable under Sections 336(2), 337, 338 of the B.N.S. and
section 21 of the Immigration and Foreigners Act, 2025.
3. As per the prosecution case, the official
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informant along with police party had reached the Buddha
International Welfare Mission (Sleeping Buddha), situated near
Amwa Thokar and checking for security purposes were
conducted. It is stated that as the police party was conducting
security checks, the petitioner who was dressed in Bhante
(monk robes) was trying to hide which raised suspicion. The
petitioner upon being enquired disclosed his name as Propul
Chakma and also produced an Aadhar card. The petitioner
subsequently disclosed his name as Pawan Kianti Barua, and
told that the petitioner is a resident of village Junuma Chhada,
P.S. - Kath Khali, District Rang Imami, Bangladesh. It is
therefore alleged that the petitioner being a Bangladeshi citizen
had entered India without valid Passport and VISA. It is further
alleged that the petitioner had entered India and thereafter went
to Arunachal Pradesh to obtain a forged and fabricated Aadhar
Card. On search, one Redmi mobile phone and some SIM cards
were recovered from the petitioner. It is also alleged that no
passport, Visa or valid document was found on the person of the
petitioner.
4. Learned counsel for the petitioner Mr. Pushp
Raj Singh submits that the petitioner is a 62-year-old differently
abled ‘monk’ who was on a pilgrimage on the occasion of Budh
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Purnima and is associated with Buddha International Welfare
Mission (Sleeping Buddha), Amwa Thokar, Bodh Gaya.
5. Learned counsel for the petitioner further
submits that in view of the judgment in the case of Kasparek
Petr vs. The State of Bihar & Ors. passed in Cr. Revision No.
705 of 2023, since the petitioner has been found to be without a
VISA he could be deported to his own country but he cannot be
detained indefinitely in a prison.
6. The learned counsel for the petitioner has
also submitted that there are no independent witnesses to
independently corroborate the seizure list. Moreover, the
petitioner himself is a victim of fraud, since he was sent on his
way by the travel agent after accepting the money from the
petitioner for the pilgrimage of Bodh Gaya on the occasion of
Budh Purnima. The learned counsel for the petitioner has
vehemently argued that no offence as alleged against the
petitioner are made out.
7. At this stage of grant of bail, the learned
counsel for the petitioner had emphasized that for no fault of the
petitioner, he has been made to languish in custody since
15.05.2025 and has clean criminal antecedent. It is underscored
by the learned counsel for the petitioner that though the charge
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sheet was submitted upon investigation on 01.07.2025, yet the
trial has not progressed and the right to speedy trial of the
petitioner is being violated.
8. Lastly, the learned counsel for the petitioner
submits that, if the petitioner is granted the privilege of bail, he
would fully co-operate in the trial and he shall not leave India
until the conclusion of the trial.
9. Dr. K.N. Singh, learned Additional Solicitor
General has vehemently opposed the prayer for bail but has not
been able to give any reason for the delay in trial of the accused
though the prosecuting agency is the State of Bihar and not the
Union of India. Dr. K. N. Singh, learned Senior Counsel submits
that upon completion of the investigation the case against the
petitioner was found to be true and thereupon charge sheet has
been submitted.
10. Mr. Jharkhandi Upadhyay, learned counsel
appearing for the State has also opposed the present application.
11. I have considered the submissions of the
parties. The petitioner was found without a Passport and valid
VISA and a forged/fabricated Aadhar card was recovered from
the petitioner. It is not in dispute that the petitioner is from
Bangladesh and appears to be a monk associated with Buddha
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International Welfare Mission (Sleeping Buddha), Amwan
Thokar at Bodh Gaya. The petitioner is a permanent resident of
Junuma Chhada, P.S. - Kath Khali, District Rang Imami,
Bangladesh.
12. Today, two sanyasis of Buddha International
Welfare Mission, Amwan Thokar, Bodh Gaya, namely, Nabin
Saha and Soumen Mridha representing the aforesaid Buddha
International Welfare Mission, Amwan Thokar have appeared in
Court during the course of hearing. It has been submitted by the
aforesaid two sanyasis, that the petitioner is associated with
them and is a 62-year-old differently abled monk and if granted
bail, the petitioner may be directed to stay at Buddha
International Welfare Mission, Amwan Thokar, Bodh Gaya and
that the petitioner shall co-operate in the trial.
13. This Court in similar facts in the case of
Agastin Chinet Nevot v. State of Bihar & Anr, reported as 2024
SCC OnLine Pat 6010, had directed for a supervised stay at a
verifiable address with strict conditions instead of prolonged
incarceration.
14. Considering aforesaid and the fact that the
petitioner is a 62-year-old differently abled monk, the
undertaking by the two sanyasis/monks who have appeared in
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Court today together with the fact that the alleged forged
documents/articles are already seized by the police, this
application for bail is allowed.
15. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate First Class, Gaya Jee / concerned
Court in connection with Bodh Gaya P.S. Case No. 335 of 2025,
subject to the following conditions –:
i) Both the bailors shall be Nabin Saha and
Soumen Mridha who are the sanyasis /
monks at the Buddha International Welfare
Mission, Amwan Thokar, Bodh Gaya.
ii) At the time of furnishing the bail bonds, the
petitioner and the aforementioned bailors
shall also produce an undertaking, in
writing, from the President / Head of the
Institution or any other responsible office
bearer at the Buddha International Welfare
Mission, Amwan Thokar, Bodh Gaya, to the
effect that, till the conclusion of the trial, he
shall undertake the responsibility for the stay
of the petitioner within the premises at
Buddha International Welfare Mission,
Amwan Thokar, Bodh Gaya and further that
he shall ensure the appearance of the
petitioner in the trial on each and every date
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fixed in the trial either personally or through
his advocate.
iii) The petitioner shall strictly stay and remain
within the premises of the Buddha
International Welfare Mission, Amwan
Thokar, Bodh Gaya and shall appear on
each and every date fixed in the trial either
personally or though his advocate. The
petitioner shall co-operate in the expeditious
conclusion of the trial. The petitioner shall
not leave the premises of Buddha
International Welfare Mission, Amwan
Thokar, Bodh Gaya without the leave of the
concerned Trial Court.
iv) The original passport of the petitioner, if
any, shall be deposited with the trial Court.
16. The Principal District and Sessions Judge,
Gaya Jee is directed to ensure expeditious commitment of the
case and thereafter the trial of the petitioner shall be held
regularly so that the trial is concluded preferably within three
months.
17. The Senior Superintendent of Police, Gaya
Jee, shall ensure the appearance of the witnesses during the trial.
Further, the S.H.O. of Bodh Gaya Police Station shall visit the
Buddha International Welfare Mission, Amwan Thokar, Bodh
Gaya, once a month to verify the presence of the petitioner
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within in the premises of the aforesaid welfare mission.
18. Let a copy of this order be communicated to
the Principal District & Sessions Judge, Gaya Jee and the Senior
Superintendent of Police, Gaya Jee forthwith through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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