Patna High Court
Saroj Kumar VarunversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a bond and sureties.
Summary
Petitioner Saroj Kumar Varun was arrested in connection with a case alleging that 30 PAN cards and related items were recovered from his shop, leading to charges under Sections 338, 336(2), 340(2) and 318(4) of the B.N.S., 2023. The petitioner claimed innocence, arguing that the seized items did not prove forging or cheating, that the witnesses were not independent, and that the police failed to comply with Section 105 of the same Act during the seizure. The trial court denied bail, relying on Supreme Court precedents, while the petitioner’s counsel highlighted the lack of criminal antecedents and procedural irregularities. The High Court, after hearing both sides, found merit in the procedural lapses and the petitioner’s claim of no misuse of documents. Consequently, the Court granted bail on the condition of a Rs.10,000 bond and two sureties, directing compliance with the Chief Judicial Magistrate of Sitamarhi.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023.
- Whether the seizure of PAN cards complied with Section 105 of the B.N.S., 2023, and whether procedural lapses affect the bail decision.
Legislation cited
- B.N.S., 2023 — s. 105, 318(4), 336(2), 338, 340(2)
Subjects
- bail
- criminal procedure
- seizure
- procedural lapse
- PAN card fraud
- B.N.S. 2023
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87139 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Saroj Kumar Varun Son of Ram Ekbal Thakur Resident of village - Parsa
Khurd, Ps- Kanhauli, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard Mr. N.K. Agarwal, learned senior counsel for
the petitioner and Mr. Jitendra Kumar Singh, learned APP for
the State.
2. The petitioner has prayed for bail in connection
with Sonebarsa P.S. Case No. 291 of 2025 registered for the
offence punishable under Sections 338, 336(2), 340(2), 318(4)
of the B.N.S., 2023.
3. The case of the prosecution in short is that from the
shop of this petitioner, altogether 30 PAN Cards and other
articles were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
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case. Learned counsel for the petitioner submits that though
there is an allegation against the petitioner that he was
fraudulently making PAN cards, there is a denial on the part of
the petitioner. It has also been submitted that from perusal of the
seizure list, it will transpire that the witnesses are not
independent witnesses. He further submits that there is no
allegation of misusing the documents or of cheating anybody
from those documents. It has also been submitted that the
learned trial court has rejected the bail petition of the petitioner
only after quoting a few judgments of the Hon’ble Supreme
Court. He also submits that it is clear that 30 PAN cards have
been recovered from the shop of the petitioner, but from perusal
of the FIR, it is clear that while making the seizure, the police
have not complied with Section 105 of the BNSS to rule out any
plantation, and only the recovery of these PAN cards does not
make out a case of forging or cheating anybody. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 23.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
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considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Sitamarhi in connection with Sonebarsa P.S.
Case No. 291 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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