Created by Fuzzy Cloud

Patna High Court

Ugriv ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Ugriv Choudhary was arrested in August 2025 in connection with a case involving alleged forgery of letters and receipts that purportedly facilitated the release of two trucks belonging to the Mines Department. The prosecution charged him under multiple sections of the Bihar Negotiable Instruments Act, 2023, the Mines and Minerals (Development and Regulation) Act, 1957, and related Bihar Minerals Concession Rules, alleging revenue loss of over Rs. 4.7 lakh. The petitioner contended that he was merely a witness to a receipt issued by the Mines Department and not the beneficiary of the alleged fraud. The State and the Mines Department opposed bail, citing the seriousness of the offences and the financial loss incurred. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences and alleged revenue loss.
  • Whether the petitioner is merely a witness or a co‑accused in the alleged forgery case.

Legislation cited

Subjects

  • bail
  • forgery
  • mines department
  • revenue loss
  • criminal procedure
  • section 21 Mines Act
  • Bihar Negotiable Instruments Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4125 of 2026

                  Arising Out of PS. Case No.-74 Year-2025 Thana- PATKHAULI District- West Champaran
                 ======================================================
                 Ugriv Choudhary S/o Nathuni Choudhary @ Nathuni Chaudhayr R/o Village-
                 Goriya Patti, P.S- Bagaha, District- West Champaran, Bihar
                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Minerals and Mines Dept, Govt of Bihar, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :        Mr. Aakash Choudhary, Advocate
                 For the Opposite Party/s        :        Mr. Arun Kumar Singh, APP
                 For the Mines Department        :        Mr. Naresh Dikshit, Spl. PP, Mines
                                                          Mrs. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                 Heard Mr. Aakash Choudhary, learned counsel for the

                   petitioner, Mr. Naresh Dikshit, learned counsel for the Mines

                   Department and Mr. Arun Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner seeks bail, who is in custody since

                   18.08.2025 in connection with Pathkhauli P.S. Case No. 74 of

                   2025, F.I.R. dated 28.03.2025 for the offences punishable under

                   Sections 338, 336(3), 303(2), 317(2), 316(2), 318(4), 61(2) and

                   3(5) of the BNS, 2023 and section 21 of the Mines and Minerals

                   (Development and Regulation) Act, 1957 and Rules 11, 43 and

                   56 of the Bihar Minerals Concession (Amendment) Rules, 2019

                   read with the Amendment Act, 2021.

                               3. According to prosecution case, petitioner and other
Patna High Court CR. MISC. No.4125 of 2026(2) dt.28-01-2026
                                            2/4




          accused      persons      produced       forged     letters   and   receipts

          purportedly issued by the District Mines Officer and District

          Transport Officer and got two trucks bearing Regd. No.

          BR06GE1265 and BR06GD0872 released.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. He further submits that the petitioner is only the

          witness of the receipt issued by the Mines Department and he is

          not the beneficiary of the entire allegation as alleged in the FIR.

          The beneficiary is the owner of the truck in question. The

          receipt which was issued by the Mines Department which

          suggest that the owner of the truck in question has been received

          the truck from the Mines Department. He further submits that

          the police after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 18.08.2025.

                       5. Learned APP and learned counsel for the Mines

          Department have vehemently opposed the prayer for bail of the

          petitioner and submits that due to action of the petitioner the

          department has loss the revenue amounting Rs. 2,31,112/- and

          Rs. 2,47,458/- and apart from the aforesaid, petitioner carries

          one more case other than present one but fairly submits on the

          basis of paragraph 3 of the bail petition that the petitioner is on
Patna High Court CR. MISC. No.4125 of 2026(2) dt.28-01-2026
                                            3/4




          bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned A.C.J.M.-1st, Bagaha, West Champaran in connection

          with Pathkhauli P.S. Case No. 74 of 2025, with the following

          conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order
            Patna High Court CR. MISC. No.4125 of 2026(2) dt.28-01-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.