Patna High Court
Shyam Babu RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
Shyam Babu Roy was implicated in Mahnar P.S. Case No.223 of 2024 for alleged conspiracy to fraudulently prepare and execute a forged sale deed, charged under Sections 419, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code. He applied for bail, asserting innocence, lack of specific allegations against him, and a clean criminal record, while the State opposed the relief. The High Court examined the seriousness of the offences, the risk of tampering with evidence, and the petitioner’s willingness to cooperate. Relying on Section 482(2) of the Criminal Procedure Code, the Court ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties and compliance with strict conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences. The bail order is effective if the petitioner is arrested or surrenders within six weeks from the date of the order, and breach of any condition may lead to cancellation of the bail.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Whether the conditions imposed under Section 482(2) of the CrPC are sufficient to safeguard the trial process.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 419, 420, 467, 468, 471, 472
Subjects
- bail
- anticipatory bail
- forgery
- fraud
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- High Court
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30750 of 2026
Arising Out of PS. Case No.-223 Year-2024 Thana- MAHNAR District- Vaishali
======================================================
Shyam Babu Roy S/O Late Ritlal Roy Resident of Village- Nayaganj 28 tola,
P.S.- Desari, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arun Mahto S/O Late Shivji Mahto Resident of Village- Sultanpur, P.S.-
Desari, District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahnar P.S. Case No.223 of 2024, dated
05.07.2024, registered for the offence punishable under Sections
419, 420, 467, 468, 471, 472 and 34 of the Indian Penal Code.
3. As per the F.I.R., the allegation against the
petitioner is that he, along with others, conspired to fraudulently
prepare and execute a forged sale deed in respect of the
informant’s khatiyani land by falsely claiming ownership
thereof and threatening the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
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present case. It is submitted that there is no specific allegation
against the petitioner. The petitioner is merely an identifier to
the sale deed alleged to have been executed in favour of one
Raghuvansh Ray, who has already been extended the privilege
of anticipatory bail. Lastly, it is submitted that the petitioner has
no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account the facts and circumstances
of the case, let the above named petitioner, be released on bail,
in the event of his arrest or surrender before the learned Court
below within a period of six weeks from today, 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
Judicial Magistrate-1st Class, Vaishali at Hajipur/Successor
Court in connection with Mahnar P.S. Case No.223 of 2024
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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