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Patna High Court

Birju SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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