Patna High Court
Ugriv ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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