Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions, exercising its inherent powers under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Usha Devi, Sangita Devi and Deepak Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 336, 338 and 339 of the Bharatiya Nyaya Sanhita, 2023 for alleged forgery of a document. The prosecution alleged that the petitioners prepared a forged document using the informant's address, while the petitioners claimed innocence and willingness to cooperate with investigators. The learned counsel for the petitioners argued that the documents were not signed by them and that they were being falsely implicated. The Additional Public Prosecutor opposed the bail. Considering the facts, the court exercised its inherent powers and the provisions of Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with specific conditions, including a bail bond of Rs.10,000 and sureties, and compliance with procedural requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the allegations of forgery under Sections 336, 338 and 339 of the Bharatiya Nyaya Sanhita, 2023, warrant denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 336, 338, 339
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- forgery
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44694 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- SULTANGANJ District- Bhagalpur
======================================================
1. Usha Devi Wife of Shymal Kishore Sah Resident of Village- Gangapur, P.S.-
Sultanganj, District- Bhagalpur.
2. Sangita Devi Wife of Late Kailash Sah Resident of Village- Gangapur, P.S.-
Sultanganj, District- Bhagalpur.
3. Deepak Kumar S/o Late Bindeshwari Sah Resident of Village- Gangapur,
P.S.- Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Hari Shankar Sah Son of Late Bindeshwari Sah R/o Village- P.S.-Sultanganj,
Block-Sultanganj, District- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sultanganj P.S. Case No.234 of 2026, F.I.R
dated 16.04.2026 registered for the offences punishable under
Sections 338, 339 and 336 of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, in brief, is that the
informant alleges that the document in question is forged and
does not bear his genuine signature. It is further alleged that the
Patna High Court CR. MISC. No.44694 of 2026(2) dt.08-07-2026
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petitioners, namely Deepak Kumar, Usha Devi, and Sangita
Devi, prepared the forged document using the informant's
address.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It has further been submitted that the documents
which is said to have been prepared by these petitioners was
never signed by these petitioners and they are always ready to
cooperate with the Investigating Officer, in order to establish the
genuineness of the documents or the signature, which is
appended thereon.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and the nature of the dispute involved in the present case.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, 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
Patna High Court CR. MISC. No.44694 of 2026(2) dt.08-07-2026
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the learned A.C.J.M., 1st Bhagalpur, in connection with
Sultanganj P.S. Case No.234 of 2026, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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