Patna High Court
Md. Kaiyum@ Md. KarnumversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond and conditions.
Summary
The petitioner, Md. Kaiyum, was arrested on 04-03-2025 in connection with an FIR dated 03-02-2025 alleging a robbery‑threat under Section 309(4) of the Bharatiya Nyay Sanhita, 2023. He contended that he was never named in the FIR, his name emerged only from secret information, no material was recovered from his possession and no third‑information‑report (TIP) had been filed despite his prolonged custody. The prosecution opposed bail, citing two prior criminal antecedents, but admitted the petitioner was already out on bail for those matters. The court examined the lack of direct evidence, the absence of a TIP, and the length of detention, and consequently ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail order also directed the lower court to verify the petitioner’s criminal antecedents and to cancel bail if any concealment or tampering with evidence occurs.
Issues considered
- What is the appropriateness of granting bail when the accused is not named in the FIR and no TIP has been filed?
- Whether the petitioner’s prior criminal antecedents justify denial of bail in the present case?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309
- Bharatiya Nyay Sanhita
- secret information
- third information report
- prior criminal antecedents
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16636 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- Akbarpur District- Purnia
======================================================
Md. Kaiyum@ Md. Karnum S/O Md. Murtaza R/O village - Lauwa Lagan,
P.S - Chousa, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Bijendra Kumar Singh, learned counsel
for the petitioner as well as Ms. Dr. Indiwar Kumari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.03.2025 in connection with Akbarpur P.S. Case No. 13 of
2025, F.I.R. dated 03.02.2025 for the offences punishable under
Sections 309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that on
03.02.2025 a person wearing helmet with covered face armed
with gun, came to informant’s CSP enter and threatened him to
kill and demanded money. Informant gave Rs.80,000/- to the
miscreant and then the miscreant fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
Patna High Court CR. MISC. No.16636 of 2026(2) dt.16-03-2026
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name transpired during investigation on the basis of secret
information and nothing has been recovered from the concious
possession of the petitioner. He next submits that petitioner has
been remanded in this case on 04.03.2025 from Chousa P.S.
Case No.184 of 2024 and till date no TIP has been conducted by
the prosecution. He further submits that the police after
investigation submitted the charge sheet against the petitioner
on 17.04.2025 and the petitioner is in custody since
04.03.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioners carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner is not named in the FIR and his
name transpired during investigation on the basis of secret
information and till date no TIP has been conducted and period
of custody, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16636 of 2026(2) dt.16-03-2026
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learned Additional Chief Judicial Magistrate-1st, Purnea in
connection with Akbarpur P.S. Case No. 13 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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