Patna High Court
Md Naimuddin @ Md Naimudin @ NayeemuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that anticipatory bail may be granted in the present case despite the serious nature of the charges, provided strict conditions are imposed.
Summary
The petitioner, Md Naimuddin, was accused in a 2024 case of rape, criminal intimidation and false evidence under Sections 376, 406 and 493 of the IPC. He contended that the allegations were fabricated, arising from a dispute over a money loan, and that the police investigation had concluded the case was false. The trial court nonetheless took cognizance, prompting the petitioner to seek anticipatory bail. The High Court, after hearing counsel, granted anticipatory bail subject to stringent conditions, invoking Section 438(2) of the CrPC and Section 482(2) of the CrPC, while noting that the order would not affect the trial. The court emphasized verification of the petitioner’s antecedent and allowed cancellation of bail on breach of conditions or future similar offences.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences such as rape under Section 376 IPC.
- Whether the petitioner’s claim of false implication and clean antecedent justifies the grant of bail.
- Whether imposing conditions under Section 438(2) CrPC and Section 482(2) CrPC is appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 376, 406, 493
Subjects
- anticipatory bail
- rape
- false implication
- Criminal Procedure Code
- Section 438
- Section 482
- Indian Penal Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2622 of 2026
Arising Out of PS. Case No.-44 Year-2024 Thana- MAHILA P.S. District- Kishanganj
======================================================
Md Naimuddin @ Md Naimudin @ Nayeemuddin, S/O Abdul Qaiyum,
Resident of Village- Dok Pul, P.S.- Pothia, Dist.- Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jannatu Nisha W/O Abdul Basir R/O Vill.- Bahra Kolha, P.S. and Dist.-
Kishanganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Kishanganj Mahila P.S. Case No. 44 of 2024 registered for the
offences under Sections 376, 406, 493 of the Indian Penal Code
and cognizance has been taken under Section 376, 493 of the
Indian Penal Code.
3. The allegation against the petitioner is that he has
committed rape upon the informant on the pretext of false
promises and had also taken some money and gold ornaments.
4. Learned counsel for the petitioner submits that he
has falsely been implicated in this case and admittedly the date
of occurrence was around eight months prior to the filing of the
Patna High Court CR. MISC. No.2622 of 2026(2) dt.28-01-2026
2/3
FIR. It has further been submitted that in fact the petitioner has
lend some money to the informant and when she did not return
the same, the petitioner had demanded it, upon which this false
and concocted case has been lodged. It has next been submitted
that the police, after investigation, found the case to be false and
submitted final form in favour of the petitioner, however,
differing with the said final form, the learned Trial Court has
taken cognizance. It has lastly been submitted that the petitioner
has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Kishanganj Mahila P.S. Case No. 44 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
Patna High Court CR. MISC. No.2622 of 2026(2) dt.28-01-2026
3/3
B.N.S.S. as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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