Patna High Court
Birju SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to strict conditions, as the prosecution’s case did not demonstrate a necessity to keep him in custody.
Summary
Birju Sah was arrested on 29 July 2025 in connection with a case alleging forgery of documents under Sections 316, 318, 336, 338 and 340 of the Bharatiya Nyay Sanhita, 2023. The prosecution, based on the informant’s complaint, claimed that Sah and a co‑accused, Radha Devi, fabricated a document to exploit a government scheme. The petitioner argued that he has a clean antecedent, that the allegations are false and constitute a counter‑blow to a SC/ST case filed by Radha Devi, and highlighted that Radha Devi had already been granted bail. The State opposed the bail application. The Court, after considering the submissions, granted bail to the petitioner on a cash bond and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 316, 318, 336, 338, 340
Subjects
- bail
- forgery
- criminal antecedent
- counter‑blow
- SC/ST case
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77976 of 2025
Arising Out of PS. Case No.-227 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Birju Sah S/o Late Rajlal Sah Resident of Village- Sonapur, Ward No. 5, P.S.-
Ladaniya, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the State : Mr. Lalan Kumar, APP
For the Informant : Mr. Minakshi Kumari, Advocate
: Mr. Munish Kumar, Advocate
: Mr. Shitanshu Shekhar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 22-01-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for
the petitioner, Mr. Minakshi Kumari, learned counsel for the
Informant as well as Mr. Lalan Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.07.2025 in connection with Ladaniya P.S. Case No. 227 of
2025, F.I.R. dated 04.07.2025 for the offences punishable under
Sections 316, 318, 338, 336, 340 of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
alleged that the petitioner along with other co-accused person,
namely Radha Devi, who are resident of Nepal, made forged
document in India taking advantage of Government of India
scheme.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.77976 of 2025(5) dt.22-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. The present case is counter
blast of SC/ST P.S. Case No.30 of 2025 filed by the said Radha
Devi against the informant and her family members. From bare
perusal of Annexure-2 of the bail application, it appears that the
said Radha Devi performed marriage with the petitioner and on
basis of marriage, the competent authority has issued the
certificate in question in favour of the petitioner and his wife
and the said Radha Devi has been granted the privilege of bail
by the co-ordinate Bench of this Court vide order dated
27.11.2025 in Cr. Misc. No. 76832 of 2025. He further submits
that the police after investigation submitted the charge-sheet and
the petitioner is in custody since 29.07.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Chief
Judicial Magistrate, Madhubani in connection with Ladaniya
Patna High Court CR. MISC. No.77976 of 2025(5) dt.22-01-2026
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P.S. Case No. 227 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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