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Patna High Court

Md. Kaiyum@ Md. KarnumversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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