Patna High Court
Murari ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, finding no direct involvement in the alleged offence.
Summary
The petitioner, Murali Chauhan, applied for anticipatory bail fearing arrest in a case (Masaurhi P.S. Case No. 608 of 2025) alleging offences under Sections 318(4), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023 for issuing a false residence certificate. The prosecution alleged that the petitioner’s login was used to forward the application, resulting in the false certificate. The petitioner contended that his login was misused by another individual, Mintu Kumar Nirala, and that he was occupied with election duties, asserting no direct involvement. The Additional Public Prosecutor opposed bail, but the court, after considering the circumstances, ordered the petitioner to surrender within four weeks and granted anticipatory bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged false certificate.
- Whether the petitioner’s alleged involvement in the issuance of the false certificate can be established.
- Whether the misuse of the petitioner’s login by a third party negates liability.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 482(2)
Subjects
- anticipatory bail
- false certificate
- misuse of login
- election duty
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76565 of 2025
Arising Out of PS. Case No.-608 Year-2025 Thana- MASAUDHI District- Patna
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Murari Chauhan Son of Arjun Chauhan R/o Vill - Araut, P.O. - Waina, P.S. -
Waina, Dist. - Nalanda - 803110.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prabhat Ranjan Son of Ajay Singh Circle Officer, Masaurhi, R/o Belab, P.S.
- Kaler, Dist. - Arwal.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Bishwambhar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Masaurhi P.S. Case No. 608 of 2025 instituted for the offence
under Sections 318(4), 336(3), 338 & 340 (2) of the Bharatiya
Nyaya Sanhita, 2023.
3. The case of the prosecution is that false certificate
has been issued in the name of Dog Babu. From perusal of the
FIR it is clear that an application was made for issuing a
residence certificate that was attached with other documents. The
allegation against the petitioner is that the application which was
forwarded by I.T. Assistant, namely, Rakesh Kumar was accepted
Patna High Court CR. MISC. No.76565 of 2025(3) dt.30-01-2026
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from his login.
4. Learned counsel for the petitioner has submitted that
during course of investigation, in Paragraph ‘23’ of the case diary
it has come that his login was used by one Mintu Kumar Nirala.
Learned counsel for the petitioner has submitted that at the time
there was lot of election duty of the petitioner and he was busy in
those works. Learned counsel for the petitioner has submitted
that there is no direct involvement of this petitioner in issuance
of that certificate. It has further been submitted that Mintu
Kumar Nirala has been granted bail by this Court vide Cr. Misc.
No. 67413 of 2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the application for bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Masaurhi P.S. Case No. 608 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Additional and Session Judge-II,
Masaurhi, Patna subject to the conditions as laid down under
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section 482(2) of the BNSS.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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