Patna High Court
Satrudhan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Satrudhan Prasad, was charged with facilitating the illegal entry of a Nepali national by providing forged documents, invoking Sections 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(c) and 14(a)(b) of the Foreigner Act, 1946. He contended that his involvement was disclosed only through statements of co‑accused, that he has no prior criminal record, and that no incriminating material was recovered from him. The State opposed bail, relying on the FIR allegations and the conspiracy nature of the offence. The court, after considering the lack of physical evidence, the petitioner’s clean record, and the circumstances of his arrest, ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance and a relative as a bailor. The bail order was conditioned on cancellation if the petitioner fails to appear for two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the Bharatiya Nyaya Sanhita and the Foreigner Act.
- Whether the absence of incriminating material and the petitioner’s clean record justify release on bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal conspiracy
- forged documents
- illegal entry of foreigner
- Bharatiya Nyaya Sanhita
- Foreigner Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3412 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Satrudhan Prasad S/O Ganesh Ray R/O Village- Agarwa, P.S- Jitna, Distt.-
East Champaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 338, 336(3), 340(2) and
61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(c),
14(a)(b) of the Foreigner Act, 1946.
3. The petitioner in association of other co-accused
is said to have facilitated entry of foreign national belonging to
Nepal by providing fake/forged documents in furtherance of
criminal conspiracy.
4. It is submitted by learned counsel for the
petitioner that the name of the petitioner has transpired in this
case only on the basis of disclosure made by apprehended co-
accused persons. Further, the petitioner does not have any
criminal antecedent and is in custody since 23.09.2025 and
Patna High Court CR. MISC. No.3412 of 2026(3) dt.25-02-2026
2/2
chargesheet has been submitted.
5. Learned APP for the State opposed the bail
petition on the ground of allegations made in the F.I.R.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner has been made accused on account of conspiracy
angle and no incriminating article has been recovered from his
possession, the above named petitioner is directed to be
enlarged on bail 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 Court below where the case is
pending/successor Court in connection with Ghorasahan P.S.
Case No.302 of 2025, subject to the conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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