Patna High Court
Rafiqul Islam @ Md Rafiqul islamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The bail bond of the appellants is revived and the non‑bailable warrant issued against them is recalled.
Summary
The appellants, Rafiqul Islam and Ful Begam, were granted bail by a Special Judge on the condition that they deposit Rs.90,000 in three installments. Due to the COVID‑19 pandemic they were unable to make the payments, and the prosecution sought cancellation of their bail bond, resulting in a non‑bailable warrant (NBW) being issued. The appellants later produced a demand draft for the full amount and offered to pay it immediately. The High Court, after considering the parties' submissions, revived the bail bond and recalled the NBW, allowing the appeal. The order underscores that bail can be reinstated upon fulfillment of the monetary condition even after a cancellation order, provided the payment is made.
Issues considered
- What is the effect of non‑payment of a monetary condition attached to bail on the validity of the bail bond?
- Can a bail bond be revived and a previously issued non‑bailable warrant be recalled upon subsequent payment of the stipulated amount?
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 406, 409, 420, 427, 504, 506
- Negotiable Instruments Act — s. 138
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act — s. 3(1)(e)(r)(s)
Subjects
- bail
- cancellation of bail
- non‑bailable warrant
- COVID‑19 pandemic
- monetary condition
- Scheduled Caste and Scheduled Tribe Act
- Negotiable Instruments Act
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3804 of 2025
Arising Out of PS. Case No.-05 Year-2019 Thana- SC/ST District- Kishanganj
======================================================
1. Rafiqul Islam @ Md Rafiqul islam Son of Abdul Hakim R/o Village -
Mohiuddinpur, Pathar Basti, P.S. - Kishanganj, Pin code - 855107 District -
Kishanganj, At present Ward no. 13, Ghormora, Chakla, Kishanganj, Dist. -
Kishanganj, Pin Code - 855107.
2. Ful Begam @ Phulwaa Wife of Rafiqul Islam R/o Village - Mohiuddinpur,
Pathar Basti, P.S. - Kishanganj, Pin code - 855107 District - Kishanganj, At
present Ward no. 13, Ghormora, Chakla, Kishanganj, Dist. - Kishanganj, Pin
Code - 855107.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv.
Mr. Raj Nandan Prasad
For the State : Mr. Sadanand Paswan
For the Respondent-2 : Mr. Ram Parwesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 04-05-2026 1. Heard learned counsel for the appellants, learned counsel
for the State as well as learned counsel appearing on
behalf of the respondent/informant.
2. The present appeal has been filed being aggrieved by the
order, dated 22.07.2024, passed by learned Additional
Sessions Judge I -cum- Special Judge SC/ST,
Kishanganj, in Special Case No. 59 of 2019, arising out
of Kishanganj SC/ST Police Station Case No. 05 of 2019
registered for the offences punishable under Sections
420/406/409/341/323/504/506/427/34 of the Indian Penal
Patna High Court CR. APP (SJ) No.3804 of 2025(7) dt.04-05-2026
2/3
Code and Section 138 of the Negotiable Instruments Act
as well as Section 3(1)(e)(r)(s) of the Schedule Caste and
Schedule Tribe Act.
3. By the impugned order, the bail bond of the appellants
has been cancelled and learned Additional Sessions Judge
I, Kishanganj, has directed for issuance of non-bailable
warrant (NBW).
4. Mr. Ramakant Sharma, learned senior counsel for the
appellants submits that the Special Judge by its order,
dated 10.02.2020, granted bail to the appellants subject to
the condition that they would deposit first installment of
Rs. 30,000/- within 15 days from the date of order and
rest of the amount of Rs. 60,000/- would be deposited by
them in two installments within 45 days after deposit of
first installment. However, due to intervening Covid-19
pandemic, the appellants could not deposit the required
amount, whereupon the informant as well as the
prosecution filed a petition for cancellation of bail bonds
of the appellants.
5. Now, the appellants are ready to pay the amount of three
installments in one go, accordingly, learned senior
counsel for the appellants has produced before this Court
Patna High Court CR. APP (SJ) No.3804 of 2025(7) dt.04-05-2026
3/3
the demand draft, bearing DD No. 000559, amounting to
Rs. 90,000/- prepared in the name of respondent no. 2-
Dinesh Ram (informant).
6. Mr. Ram Parwesh Kumar, learned counsel for the
respondent no. 2 submits that demand draft may be
handed over to him and he, in turn, shall hand it over to
respondent no. 2.
7. Considering the submissions advanced by learned counsel
for the parties and the fact that demand draft of Rs.
90,000/- has been handed over to learned counsel for the
respondent no. 2, this Court modifies the order, dated
22.07.2024, passed by learned Additional Sessions Judge
I -cum- Special Judge SC/ST, Kishanganj, to the extent
that the bail bond of the appellants shall stand revived and
Non-Bailable Warrant issued against the appellants
pursuant to impugned order is hereby recalled.
8. This appeal is, accordingly, allowed.
(Anil Kumar Sinha, J)
ashwani/-
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