Patna High Court
Kalim Parwez @ Kalim ParbejversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner on condition of bond and sureties.
Summary
Kalim Parwez was arrested in connection with a case registered on 06.01.2026 for alleged assault with a knife causing head injury, charged under several sections of the B.N.S., 2023. The petitioner claimed a clean criminal record and argued that the FIR was delayed and the medical report did not support the alleged knife injury, indicating a simple injury caused by a blunt object. The prosecution opposed bail. The court examined the discrepancies in the FIR, the medical evidence, and the petitioner’s antecedents, and concluded that the allegations were not substantiated by the evidence. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was directed to be executed without further delay for verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences charged under the B.N.S., 2023
- Whether the delay in filing the FIR and the inconsistency between the FIR and medical report justify granting bail
- Whether the petitioner’s clean criminal antecedent warrants bail
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- medical evidence
- delay in FIR
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25177 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- UCHKAGAON District- Gopalganj
======================================================
Kalim Parwez @ Kalim Parbej S/O Anwarul Haq @ Anarul Haque R/o Vill.-
Ter, (Khemraj), P.S - Kateya, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Diwakar, learned counsel for the
petitioner and Mr. Md. Matloob Rab, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
25.01.2026, in connection with Uchkagaon P.S. Case No. 07 of
2026, F.I.R. dated 06.01.2026 registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 109(1), 352,
351(3) and 3(5) of the B.N.S., 2023.
3. Allegation against the petitioner is that he has
assaulted to the informant by means of knife due to which he
sustained head injury.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. that
due to some petty dispute, the present occurrence had taken
Patna High Court CR. MISC. No.25177 of 2026(2) dt.16-04-2026
2/3
place. Although, there is specific allegation against the
petitioner that he has assaulted to the informant by means of
knife and he has received injury but the injury report of the
informant suggests that the injury is simple in nature and apart
from aforesaid, the injury report also reveals that the injury
inflicted upon the injured person by hard and blunt substance
which suggests that the allegation as alleged in the F.I.R. does
not support by the medical evidence as well as the date of
occurrence as alleged in the F.I.R. is 30.12.2025 but the present
F.I.R. was instituted on 06.01.2026 after delay of seven days
without giving any explanation of delay. The petitioner is in
custody since 25.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
allegation as alleged in the F.I.R. does not support by the
medical evidence, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-I, Gopalganj in connection
Patna High Court CR. MISC. No.25177 of 2026(2) dt.16-04-2026
3/3
with Uchkagaon P.S. Case No. 07 of 2026, subject to the
following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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