Patna High Court
Md. AslamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Md. Aslam, sought regular bail in a case (Haraiya P.S. Case No. 23 of 2026) involving alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, relating to the possession and printing of counterfeit Indian and Nepali currency. The prosecution alleged that a police raid on a house in Sitamarhi recovered large quantities of counterfeit notes and related materials, and that the petitioner was part of the gang responsible. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the incriminating items recovered did not belong to him; he also pointed to the bail granted to co‑accused in a similar case (Cr. Misc. No. 24440 of 2026). The State opposed the bail application. After hearing both sides, the court found the petitioner's arguments persuasive and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the SDJM, Raxaul.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged counterfeiting offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s alleged involvement can be substantiated given the recovery of counterfeit material from a co‑accused’s premises
- Whether the precedent of bail granted to co‑accused in a similar case warrants similar relief
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 178, 179, 180, 181, 317(5), 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- counterfeit currency
- criminal procedure
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37798 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Haraiya District- East Champaran
======================================================
Md. Aslam S/o Md. Safik @ Safik Miyan Resident of Village- Kabari Tola,
P.S.- Mejarganj, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and learned
APP for the State.
2. The petitioners makes a prayer for bail in
connection with Haraiya P.S. Case No. 23 of 2026 registered for
the offences punishable under Sections 317(5), 318(4), 61(2),
338, 336(3), 340(2), 111, 178, 179, 180, 181 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, in brief, is that acting
on secret information, the police intercepted two persons,
namely Tilak Bahadur Thing and Saroj Kumar, and recovered
counterfeit Indian and Nepali currency notes from their
possession. During interrogation, they disclosed that they were
members of a gang involved in printing counterfeit notes and
Patna High Court CR. MISC. No.37798 of 2026(2) dt.17-06-2026
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named Daya Tiwari @ Sushil Tiwari, Rizwan Mian, and Ravi
Ranjan Singh as associates. They further stated that counterfeit
Indian and Nepali notes were being printed at the house of
Pramod Kumar in Sitamarhi. Acting on their disclosure, the
police raided the said house, apprehended the petitioner and
others, and recovered a huge quantity of counterfeit Nepali
currency, bundles of papers, chemicals, and other materials used
for printing counterfeit notes.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has committed no offence and
has falsely been implicated in the present case. He has also
submitted that the counterfeit notes have been recovered from
the premises of Pramod Kumar along with (1) Dilip Kumar
Singh, (2) Shri Dev Mahto, (3) Raushan Kumar, (4) Rakesh
Singh, (5) Saheb Kumar @ Lal, (6) Sajan Kumar, (7) Md
Ashalam Rayeem & (8) Vikash Kumar Patel. It has next been
submitted that from the house of co-accused Pramod Kumar,
counterfeit paper and several mobile numbers have been
recovered and all these incriminating articles which is said to
have been recovered does not belong to the petitioner. He further
submitted that similarly situated co-accused persons namely,
Saheb Kumar and Raushan Kumar has been granted bail by the
Patna High Court CR. MISC. No.37798 of 2026(2) dt.17-06-2026
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learned coordinate Bench of this Court vide Cr. Misc. No. 24440
of 2026. The case of this petitioner stands on similar footing.
Lastly, it has been submitted that the petitioner has no criminal
antecedent and he is in judicial custody since 02.02.2026.
5. Learned Additional Public Prosecutor for the State
opposes the prayer for regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Raxaul (East Champaran) in connection with Haraiya
P.S. Case No.23 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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