Dadan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32428 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Dadan Sah son of Ramlal Sah village- Ghanghar, Ps- Krishnagarh, DistBhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner who apprehend arrest in connection with Barhara P.S. Case No. 25 of 2025 lodged on 20.02.2025, for the offences punishable under sections 308(2), 316(3), 318(4) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution, the petitioner, being a blacklisted Aadhaar Card operator, is alleged to have been charging Rs. 200/- per card, despite the government-fixed rate of Rs. 100/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that, as evident from the FIR itself, the petitioner is a blacklisted operator, and therefore, it would have been

Patna High Court CR. MISC. No.32428 of 2025(3) dt.13-08-2025 2/2 impossible for him to carry out any Aadhaar-related operations. The petitioner has clean antecedents.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that, although the government has fixed the rate for making an Aadhaar Card at Rs. 100/-, the petitioner was allegedly charging Rs. 200/- for each card.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Barhara P.S. Case No. 25 of 2025, pending before the learned CJM, Bhojpur, Ara is hereby rejected.

7. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court is directed to pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court. (Dr. Anshuman, J) Ashwini/- U T