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Patna High Court

Abdul Quddus @ Mohammad KuddusversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted to the petitioner subject to bond and sureties.

Summary

Abdul Quddus, an 82‑year‑old accused, sought bail in a case (Parihar PS Case No. 167 of 2019) where he is alleged to have been part of a mob that caused the death of Md Akram and is charged under multiple IPC sections including murder and assault. The petitioner argued that there is no specific allegation against him, he has a clean antecedent, and his advanced age warrants bail, despite having been absconding for five years. The State opposed the bail on the ground of the seriousness of the offences. The Court, noting the lack of specific charges against the petitioner, his age and clean record, inclined to grant bail. It ordered his release on a bail bond of Rs.10,000 with two sureties, subject to verification of his age and antecedent, and directed that he not be kept in custody pending such verification.

Issues considered

  • Whether bail should be granted to an elderly accused with no specific allegation despite serious charges and prior absconding

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • mob violence
  • age
  • antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24733 of 2026
                      Arising Out of PS. Case No.-167 Year-2019 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Abdul Quddus @ Mohammad Kuddus S/o Late Ainul Haque R/o Village -
                 Sutihara Ward No. 07, P.S - Parihar, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Parihar PS Case No. 167 of 2019 instituted for the offence

                   punishable under Sections 341, 323, 324, 504, 506, 307, 354,

                   302,109/34 of the IPC pending in the Court of learned DAJ II,

                   Sitamarhi.

                                   3. The petitioner is alleged to be a member of the

                   mob which caused the death of Md Akram.

                                   4. Learned counsel for the petitioner submits that

                   there is no specific allegation against the petitioner. It is further

                   submitted that though the petitioner was absconding for five

                   years but considering his age which has been detailed as 82

                   years in the cause title and absence of any antecedent, prayer for
           Patna High Court CR. MISC. No.24733 of 2026(2) dt.16-04-2026
                                                       2/2




                     bail may be allowed.

                                     5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                     6. Considering the fact that there is no specific

                     allegation against the petitioner, age and clean antecedent of the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                     7. Let the petitioner be released on bail on

                     furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Parihar PS Case No.

                     167 of 2019.

                                     8. The trial Court, before accepting the bail bond,

                     shall verify the age and the antecedent of the petitioner but the

                     petitioner will not be kept in custody pending any such enquiry.



                                                      (Ansul, J)
M.E.H./-

U      T


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