Patna High Court
NawabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
The petitioner, Nawab, was arrested in connection with offences under Sections 319(2), 318(4), 338, 336(3) of the Bihar Negotiable Instruments Act and Section 14 of the Foreigners Act, 1946 read with Section 12 of the Passport Act, 1967, alleged to have concealed his Bangladeshi citizenship while residing in India for three years and marrying there. He pleaded innocence, claiming he was implicated only on suspicion and that no incriminating material was found on his person. The State opposed his regular bail application, while the petitioner’s counsel argued his clean antecedents and lack of evidence. The court considered the facts, the nature of the offences, and the petitioner’s custody since 06‑10‑2024, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, local surety residence, and regular appearance before the court. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without a valid reason.
Issues considered
- Whether regular bail should be granted to the petitioner accused of concealing foreign citizenship and offences under the Bihar Negotiable Instruments Act and the Foreigners Act.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence warranting denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 319(2), 336(3), 338
- Foreigners Act, 1946 — s. 14
- Passport Act, 1967 — s. 12
Subjects
- regular bail
- foreign citizenship
- concealment of citizenship
- Bihar Negotiable Instruments Act
- Foreigners Act
- Passport Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63658 of 2025
Arising Out of PS. Case No.-521 Year-2024 Thana- ARARIA District- Araria
======================================================
Nawab S/O Subhan R/O Village- Rampur Kodarkatti Morangi Tola, Ward No.
11, Police Station- Araria, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh
For the State : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner is seeking regular bail in connection with
Araria P.S. Case No. 521 of 2024, registered for the offences
punishable under Sections 319(2), 318(4), 338, 336(3) of the BNS
and Section 14 of Foreigners Act 1946 read with Section 12 of
Passport Act, 1967.
3. As per allegation, the petitioner concealed his
citizenship of Bangladesh and was residing in India for three years
and he also solemnized marriage in India.
4. The learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in the
present case. The fact is that the petitioner, in search of work, started
residing in India. No incriminating article has been recovered from
conscious physical possession of the petitioner. He has been
implicated in this case only on the basis of suspicion. It has also been
Patna High Court CR. MISC. No.63658 of 2025(5) dt.21-01-2026
2/2
submitted that the petitioner is a person of clean antecedent and is
under custody since 06.10.2024.
5. On the other hand, the learned APP for the State,
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to furnish
bail bond and on doing so, the court below shall release the petitioner
on bail on furnishing bail bonds of Rs.10,000/- with two sureties of
the like amount each to the satisfaction of learned C.J.M., Araria in
connection with Araria P.S. Case No. 521 of 2024, subject to the
following conditions that :-
(i) the petitioner shall cooperate in the disposal of trial
and make himself available as and when required by the court.
(ii) One of the bailors shall be resident of the local
vicinity.
(iii) the petitioner shall physically appear before the
learned Court below on each and every date. In case of failure on
two consecutive dates, unless prevented by extremely adverse
circumstances, learned Court below will be at liberty to cancel
the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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