Patna High Court
Hifazat KarimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Hifazat Karim, was arrested along with eight others in a Patna police case involving offences under Sections 303(2), 317(5) and 112(2) of the BNS. He claims he was falsely implicated while waiting for a delayed train and asserts his innocence, clean antecedents and poverty. The State opposed his bail, while the petitioner’s counsel highlighted that a co‑accused had already been granted bail in a related matter. Considering the length of custody since 27‑05‑2025 and the petitioner’s circumstances, the Court ordered his release on regular bail after framing of charge, subject to a Rs 10,000 bond, two sureties and conditions of physical presence in trial. The order also required one bailor to be a family member and allowed cancellation of bail for non‑appearance on two consecutive dates.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the petitioner’s claim of false implication and clean antecedents justify bail.
- Whether the period of pre‑trial detention warrants release on bail.
Legislation cited
- BNS — s. 112(2), 303(2), 317(5)
Subjects
- regular bail
- false implication
- pre‑trial detention
- Sections 303, 317, 112 BNS
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1203 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- PATNA GRP CASE District- Patna
======================================================
Hifazat Karim S/o Haji Heera @ Md. Manzar Resident of Village- Asraha,
P.S.- Keoti, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Kamran
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with GRP Patna P.S. Case
No. 412 of 2025 registered for the offences punishable under
Sections 303(2), 317(5) and 112(2) of the BNS.
3. As per the prosecution case, the police caught the
petitioner along with other 8 accused persons. Upon search,
total 150 mobile phones were recovered from their possession.
4. Learned counsel for the petitioner submits that the
petitioner is completely innocent and has been falsely
implicated in the present case. He has committed no offence
whatsoever. It is submitted that the petitioner was apprehended
from the western end of Platform Nos. 2 and 3 merely on
Patna High Court CR. MISC. No.1203 of 2026(2) dt.15-01-2026
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suspicion and was falsely implicated by the police while he was
waiting for his train, namely the Magadh Express, which was
running unusually late on that day. The petitioner is a poor
labourer by profession and earns his livelihood by working in a
luggage factory situated at Nabi Karim Market, New Delhi, to
support his family residing in his native village. On the fateful
day, the petitioner had arrived from his village by bus and, due
to the delay of the said train, was waiting at the platform when
he was wrongfully apprehended by the police. Learned counsel
further submits that other co-accused namely, Mangal Singh has
been granted bail by the Co-ordinate Bench of this Court vide
order dated 13.10.2025 in Cr. Misc. No. 71224 of 2025.
Petitioner is in custody since 27.05.2025 and as per para 3 of the
petition, petitioner has clean antecedent.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Railway Judicial
Magistrate in connection with GRP Patna P.S. Case No. 412 of
Patna High Court CR. MISC. No.1203 of 2026(2) dt.15-01-2026
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2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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