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Patna High Court

Md. NasimversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to grant bail and directed the petitioner to surrender, after which the trial court may consider a regular bail application.

Summary

The petitioner, Md. Nasim, was charged under Sections 120(B), 420, 467, 468, 323 and 504/34 of the Indian Penal Code in connection with a dispute arising from a sale deed. He first applied for anticipatory bail (Criminal Miscellaneous No.31041 of 2025) which the Patna High Court rejected, noting that the civil aspect of the dispute had not yet been litigated. The petitioner then filed a fresh bail petition (Criminal Miscellaneous No.10429 of 2026) fearing arrest. The Court observed that the petitioner could surrender before the trial court and, if he does so, the trial court should entertain a regular bail application together with the surrender petition on the same day. Accordingly, the Court disposed of the present petition without granting bail, directing the lower court to consider a regular bail application upon surrender.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending criminal case
  • Whether the petitioner should be granted regular bail pending trial

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • Indian Penal Code
  • criminal procedure
  • surrender
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10429 of 2026
                         Arising Out of PS. Case No.-119 Year-2024 Thana- FALKA District- Katihar
                 ======================================================
                 Md. Nasim, S/O Abdul Wahid, Resident of Village- Karniya, P.S.- Balrampur,
                 Dist.- Katihar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghvendra Kumar Singh, advoccate.
                 For the State            :        Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Falka P.S. Case No. 119 of 2024 dated

                   27.06.2024 registered for the offences punishable under

                   Sections 120(B), 420, 467, 468, 323 and 504/34 of the Indian

                   Penal Code.

                                   3. Prior to the present Criminal Miscellaneous

                   petition, the petitioner has preferred Criminal Miscellaneous

                   31041 of 2025 for his anticipatory bail. However, the same was

                   rejected by this Court vide order dated 01.09.2025 submitting

                   that he could not take plea of civil nature of the dispute at the

                   time of the first petition. He further submits that till date the sale

                   deed has not been challenged in Civil Court nor the mutation
              Patna High Court CR. MISC. No.10429 of 2026(2) dt.13-02-2026
                                                          2/2




                        has been set aside and the allegation against the petitioner is

                        totally false and fabricated under pressure of the sister of the

                        petitioner.

                                      4. Considering the aforesaid facts and circumstances

                        of the case, the petitioner is at liberty to surrender before learned

                        court below and in the event of surrender before the court below

                        by the petitioner, learned court below is requested to hear

                        regular bail petition of the petitioner, if filed, along with the

                        surrender petition, on the same day.

                                      5. The matter stands disposed of accordingly.



                                                                       (Jitendra Kumar, J)
S.Ali/-

U         T


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