Patna High Court

Shivam KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail despite the antecedent and the nature of the offence.

Summary

Shivam Kumar was arrested in Nawada and 25 counterfeit Rs.100 notes were seized, leading to charges under Sections 178, 179 and 180 of the Bharatiya Nyaya Sanhita, 2023. The petitioner, who has one prior criminal antecedent, applied for bail, contending that the notes were not in his conscious possession and that the prosecution had not complied with Section 103 of the BNSS. The State opposed the bail application. The Court, after considering the custody period, the framing of charges, and the petitioner’s arguments, decided to grant bail subject to a cash bond of Rs.15,000 with two sureties and specific conditions regarding family surety and regular court appearances. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to an accused under Sections 178, 179 and 180 of the Bharatiya Nyaya Sanhita, 2023 in a counterfeit currency case despite a prior criminal antecedent.
Whether the prosecution’s alleged non‑compliance with Section 103 of the BNSS bars the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 178, 179, 180

Subjects

bail
counterfeit currency
Bharatiya Nyaya Sanhita
Section 103
criminal antecedent
surety
court appearance conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75591 of 2025
                      Arising Out of PS. Case No.-1386 Year-2024 Thana- NAWADA District- Nawada
                 ======================================================
                 Shivam Kumar Son of Pappu Prasad @ Bachchu Prasad Resident of Village -
                 Gandhi Nagar, 03 Number Bus Stand (Nawada), Police Station - Nawada
                 Town, District - Nawada.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Sonam Kumari, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   11-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Nawada P.S. Case No. 1386 of 2024 instituted for the offence

                   under Sections 178, 179 & 180 of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.       Prosecution case, in short, is that petitioner was

                   apprehended by the police and from his possession, 25

                   counterfeit Rs. 100 notes were recovered.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 24.11.2024. Petitioner

                   bears one criminal antecedent, as per disclosure made in

                   paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.75591 of 2025(4) dt.11-02-2026
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                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Learned counsel for the petitioner submits that nothing has

          been recovered from the conscious possession of the petitioner.

          Petitioner has no concern with the recovered counterfeit

          currency. There is no compliance of Section 103 of the BNSS,

          2023. Charge sheet has already been submitted in this case,

          whereafter, charge is also framed in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge being

          framed, this Court is inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Nawada P.S. Case

          No. 1386 of 2024, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.75591 of 2025(4) dt.11-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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