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Patna High Court

Shyam Babu RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30750 of 2026(2) dt.06-05-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.30750 of 2026(2) dt.06-05-2026
                                                           3/3




                         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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