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Patna High Court

Pawan Kanti Barua @ Paban Kanti Barua @ Prasul ChakmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.5635 of 2026(5) dt.31-03-2026
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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
Patna High Court CR. MISC. No.5635 of 2026(5) dt.31-03-2026
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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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