Created by Fuzzy Cloud

Patna High Court

Rafiqul Islam @ Md Rafiqul islamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.