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Patna High Court

Karim @ Md. Abdul KarimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bail bond, sureties, and verification of criminal antecedent.

Summary

The petitioner, Karim, sought anticipatory bail fearing arrest in a case alleging assault, choking with a leather belt, and threats, with the FIR lodged almost a year after the alleged incident. He contended innocence, political victimisation, and highlighted the unexplained delay in filing the FIR, while noting he had been granted bail in four other cases. The State opposed bail, arguing his multiple pending cases indicated a risk of misuse of liberty. The court examined the delay, the seriousness of the allegations, and the petitioner’s criminal antecedent, and concluded that anticipatory bail could be granted with strict conditions. Accordingly, the court ordered release on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of criminal antecedent and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted despite a one‑year delay in lodging the FIR.
  • Whether the petitioner’s prior criminal cases preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • criminal antecedent
  • assault
  • political victimisation
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39386 of 2026
                      Arising Out of PS. Case No.-64 Year-2026 Thana- POTHIYA District- Kishanganj
                 ======================================================
                 Karim @ Md. Abdul Karim S/o Abdul Salam R/o vill - Bawalgachchh Bihar
                 More, P.S.- Pothia, Distt.- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhola Prasad, Adv
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   17-06-2026                     Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The learned counsel for the petitioner seeks

                   permission to make necessary correction in paragraph no. 7 of

                   the present anticipatory bail petition.

                                3. The same is accorded.

                                4. The learned counsel for the petitioner is directed to

                   make necessary correction in paragraph no. 7 of the anticipatory

                   bail petition during course of the day.

                                5. The petitioner apprehends his arrest in connection

                   with Pothia P.S. Case No. 64 of 2026, registered under Sections

                   126 (2), 127 (2), 115 (2), 117 (2), 109 (1), 352, 351 (2), 3 (5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                6. As per the prosecution story, which has been
Patna High Court CR. MISC. No.39386 of 2026(2) dt.17-06-2026
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          lodged on the basis of the written report submitted by the

          informant to the effect that while he was going to his home on

          19.03.2025 at around 6 a.m. all the accused persons, including

          the petitioner along with two other unknown persons caught

          hold of him and assaulted him for hours. It has been alleged that

          the petitioner pressed the neck of the informant with a leather

          belt, due to which he started suffocating and then he was left. It

          is further alleged that the accused persons threatened the

          informant not to file any complaint before the court or the

          police, and if it is found that a complaint has been made, the

          informant will be killed, therefore, he did not inform the matter

          to the police and subsequently filed the written report on

          22.02.2026.

                       7. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence. He

          submits that the petitioner has been made an accused in this case

          due to village politics. He further submits that the occurrence is

          said to have taken place on 19.03.2025, however, the first

          information report has been lodged on 22.02.2026 i.e. a delay of

          almost one year and no explanation whatsoever has been given

          in the first information report with regard to delay in lodging

          the present first information report. He further submits that the
Patna High Court CR. MISC. No.39386 of 2026(2) dt.17-06-2026
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          petitioner is an accused in four other cases, however, he has

          been released on bail in all the cases.

                       8. Per contra, the learned APP for the State

          vehemently opposes the prayer for grant of bail to the petitioner

          and submits that the petitioner is an accused in four cases and

          therefore, he does not deserves the privilege of anticipatory bail.

                       9. Having considered the rival submission and after

          going through the records, it appears that although the

          occurrence is said to have taken place on 19.03.2025, however,

          the first information report has been lodged on 22.02.2026 and

          no explanation whatsoever has been given in the first

          information report with regard to the delay in lodging the FIR.

          Let the petitioner, above named in the event of arrest/surrender

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned A.C.J.M.-II, Kishanganj in

          connection with Pothia Case No. 64 of 2026, subject to the

          conditions as laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023, and subject to the following

          condition:-

                       (I) That the learned court concerned shall verify the
           Patna High Court CR. MISC. No.39386 of 2026(2) dt.17-06-2026
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                     criminal antecedent of the petitioner and in case at any stage, it

                     is found that the petitioner has concealed his criminal

                     antecedent, the court concerned 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.



                                                 (Ritesh Kumar, J)
krishnakant/-

U      T


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