Patna High Court
Md. TahirversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, directing the petitioner to file a fresh application with proper disclosure of antecedents.
Summary
Md. Tahir was arrested in connection with a case registered under Sections 179, 180 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly dealing in fake and foreign currency. He filed a second bail application after an earlier application was rejected. The court observed that the petitioner had failed to disclose any criminal antecedents in the bail petition, a procedural defect that cannot be remedied by a supplementary affidavit. Considering the seriousness of the allegations and the non‑disclosure, the court found no basis to grant bail. Consequently, the application was dismissed, with liberty granted to the petitioner to file a fresh bail petition complying with the High Court rules.
Issues considered
- Whether bail can be granted in a case involving alleged dealing in fake and foreign currency under the Bharatiya Nyaya Sanhita.
- Whether the failure to disclose criminal antecedents in the bail petition warrants dismissal of the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 179, 180, 3(5)
Subjects
- bail
- criminal antecedents
- fake currency
- foreign currency
- Bharatiya Nyaya Sanhita
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21232 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Md. Tahir Son of Late Nodhani @ Nathuni Resident of Village - Baldiha
Ward No.- 1, P.S.- Jainagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-04-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Basopatti P.S. Case No. 42 of 2025
registered for the offence under Sections 179, 180 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 03.09.2025 in Cr. Misc. No. 41884 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned counsel for the State.
2. The petitioner seeks bail in connection
with Basopatti P.S. Case No. 42 of 2025 registered for the
offence under Sections 179, 180, 3(5) of the BNS.
3. As per the prosecution case, the
petitioner is accused of dealing in fake currency as well
as foreign currency.
4. The petitioner is in custody since
Patna High Court CR. MISC. No.21232 of 2026(2) dt.03-04-2026
2/2
3.3.2025.
5. Considering the nature of allegation
levelled against the petitioner, this Court is not inclined
to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
4. Seen the Office notes.
5. The petitioner has failed to disclose his criminal
antecedents in paragraph no. 3 of the bail petition. This Court
has observed that, in a large number of cases, criminals
antecedents are being brought on record through supplementary
affidavits, which is not permissible. If the accused has any
criminal antecedents, the same must be clearly stated in the
main bail petition itself and not introduced later by way of a
supplementary affidavit.
6. In these circumstances, this application is dismissed
with liberty to the petitioner to file a fresh bail application as per
the Patna High Court Rules.
(Sandeep Kumar, J)
Shishir/-
U T
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