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Patna High Court

Satrudhan PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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