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Patna High Court

Dheeraj Paswan @ Dhiraj Kumar @ DheerajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a bail bond of Rs.10,000 and two sureties.

Summary

The petitioner, Dheeraj Paswan, applied for anticipatory bail fearing arrest in a case registered under sections 419 and 420 of the Indian Penal Code for allegedly obtaining a SIM card using forged certificates. The prosecution alleged the forgery, while the petitioner contended the allegation was false, noting he had only one prior complaint from 2018 and no other criminal record. The State opposed the bail. After hearing both sides and reviewing the FIR and trial court order, the Court considered the seriousness of the allegations and the petitioner’s clean record. The Court directed that the petitioner be released on anticipatory bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The order was made by Justice Partha Sarthy of the Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under sections 419 and 420 IPC for alleged forgery of a SIM card certificate
  • Whether the allegations of forgery and the petitioner’s prior criminal record justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • IPC 419
  • IPC 420
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27538 of 2026
                       Arising Out of PS. Case No.-351 Year-2022 Thana- Mufassil District- Khagaria
                 ======================================================
                 Dheeraj Paswan @ Dhiraj Kumar @ Dheeraj S/o Ram Balak Paswan
                 Resident Of Village- Nanhaku mandal Tola, Ward No.10, Durgapur, PS-
                 Muffasil, District- Khagaria

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jai Kishor Poddar, Advocate
                 For the Opposite Party/s :        Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Khagaria (Mufassil) P.S. Case no. 351 of 2022, registered

                   under sections 419 and 420 of Indian Penal Code.

                                3. As per the prosecution case, the petitioner is said to

                   have obtained a sim card using forged certificates.

                                4. Learned counsel for the petitioner submits that the

                   allegation of the petitioner having obtained a sim card for his

                   mobile with a forged certificate is false and incorrect. The

                   implication of the petitioner is only on the basis of unfounded

                   suspicion. The petitioner is accused in only one earlier

                   complaint case lodged in the year 2018 and does not have any
             Patna High Court CR. MISC. No.27538 of 2026(2) dt.29-04-2026
                                                         2/2




                       other criminal antecedent. He undertakes to cooperate in the

                       investigation/trial.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the F.I.R., the contents of the order of the learned trial Court and

                       the petitioner being accused only in one other complaint case of

                       the year 2018, in the facts of the case, it is directed that the

                       petitioner above named, in the event of his arrest or surrender

                       before the learned Court below within a period of four weeks,

                       be released on anticipatory bail in connection with Khagaria

                       (Mufassil) P.S. Case no. 351 of 2022 on furnishing bail bond of

                       Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                       amount each to the satisfaction of the learned Chief Judicial

                       Magistrate, Khagaria.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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