Patna High Court

Md. Ashraf Ali @ Agraf Ali @ Asraf @ Asraf AliversusThe State of Bihar

Decided: 3 February 2026
Disposal: DISMISSED
Bench: NAWNEET KUMAR PANDEY

Holding

The court held that the petitioner, being a foreigner, is not entitled to bail under Section 14 of the Foreigners Act, 1946.

Summary

The petitioner, Md. Ashraf Ali, a Bangladeshi national, was detained by SSB personnel at the Indo‑Nepal border on suspicion of illegal entry and alleged forgery of an Aadhaar card. He was charged under Sections 465 and 467 of the IPC and Sections 14(a), 14(b) and 14A of the Foreigners Act, 1946. The petitioner applied for regular bail, claiming innocence, a clean antecedent, and that he had only crossed the border for livelihood without intent to stay. The State, represented by the Union of India, opposed bail, arguing that a foreigner cannot be granted bail under Section 14 of the Foreigners Act. The High Court, after hearing both sides, rejected the bail application, holding that the petitioner is not entitled to bail under the cited provision, and directed that the trial be concluded within six months.

Issues considered

Whether a foreign national charged under Sections 14(a), 14(b) and 14A of the Foreigners Act, 1946 is entitled to bail.
Whether the alleged offences of forgery under IPC Sections 465 and 467 justify denial of bail.
Whether the petitioner's claim of innocence and clean antecedent can overcome the statutory bar on bail for foreigners.

Legislation cited

Foreigners Act, 1946 — s. 14(a), 14A, 14(b)
Indian Penal Code — s. 465, 467

Subjects

bail
foreigner
forgery
illegal entry
Foreigners Act
IPC
regular bail
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70782 of 2024
                    Arising Out of PS. Case No.-45 Year-2024 Thana- GALGALIYA District- Kishanganj
                 ======================================================
                 Md. Ashraf Ali @ Agraf Ali @ Asraf @ Asraf Ali S/o Amin Ul Haq @
                 Aminul Haque R/o Bhola Barisal Sadar, P.O.- Omarpur, P.S.- Char Fashion,
                 District- Bhola, Sub-District- Barisal Sadar, Ukhia, Cox Market, Bengladesh.
                 Pin Code- 8332
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dilip Kumar Singh, Advocate
                 For the State            :       Mr. Shailendra Kumar, APP
                 For the U.O.I. (S.S.B)   :       Mr. Anshay Bahadur Mathur, C.G.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

8   03-02-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the U.O.I. and learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Galgalia P.S. Case No. 45 of 2024, registered

                   for the offences punishable under Sections 465, 467 of IPC and

                   14(a), 14(b) and 14A of Foreigners Act, 1946.

                                   3. As per allegation, on 08.06.2024, SSB personnel

                   patrolling the Indo-Nepal border detained the petitioner on

                   suspicion of illegal entry. Upon questioning, he confessed to

                   being a Bangladeshi citizen carrying a forged Aadhar Card for

                   livelihood purposes and produced a genuine Bangladeshi I.D.

                   Card.

                                  4. The learned counsel for the petitioner has
             Patna High Court CR. MISC. No.70782 of 2024(8) dt.03-02-2026
                                                         2/2




                       submitted that the petitioner is innocent and has falsely been

                       implicated in the present case. The petitioner is a simple tailor

                       who inadvertently approached the border only for his livelihood

                       without any malicious intent. He did not stay in India for a

                       single day. He is a person of clean antecedent and is in custody

                       since 09.06.2024

                                     5. On the other hand, the learned counsel for the

                       Union of India opposed the prayer for bail of the petitioner by

                       submitting that the petitioner is a foreigner (citizen of

                       Bangladesh) and he forged his Aadhar Card to enter in India. It

                       has further been submitted that under Section 14 of the

                       Foreigners Act, 1946, a foreigner cannot be entitled for the

                       privilege of grant of bail.

                                    6. Considering the above-mentioned facts and

                       circumstances, presently, I am not inclined to grant bail to the

                       petitioner. Accordingly, it is rejected.

                                    7. The learned Court is directed to conclude the trial

                       within a period of six months.


                                            (Nawneet Kumar Pandey, J)

priyanka/-
U      T

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