Patna High Court
Kishun Patel @ ThekedarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court confirmed the provisional bail granted to the petitioner on the same terms and conditions.
Summary
The petitioner, Kishun Patel, sought confirmation of a provisional bail that had been granted on 8 October 2024. He argued that the FIR lodged on 28 August 2024 under Section 154 of the Criminal Procedure Code was improper because the Bharatiya Nagarik Suraksha Sanhita, 2023 had come into force on 1 July 2024, and the FIR should have been filed under the new law. A report dated 20 March 2025 showed that the Excise officials had been directed to lodge FIRs under the 2023 Act and an apology was offered for the inconvenience caused to the Court. The State had no objection to the petition. The Court, after considering the report and the lack of opposition, confirmed the provisional bail on the same terms and conditions as earlier. The order effectively disposed of the petition by upholding the bail.
Issues considered
- Whether the FIR lodged under the Criminal Procedure Code after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 is valid for proceeding against the petitioner.
- Whether the provisional bail previously granted should be confirmed despite the alleged procedural irregularity in filing the FIR.
Legislation cited
Subjects
- provisional bail
- FIR
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- Section 154
- bail confirmation
- procedural irregularity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73260 of 2024
Arising Out of PS. Case No.-111 Year-2024 Thana- Raghunathpur Excise District- Siwan
======================================================
Kishun Patel @ Thekedar Son of Late Mohan Patel Resident of Village-
Nawada, PS.- Raghunathpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
4 06-02-2026 Learned counsel for the petitioner submits that
provisional bail was granted on 08.10.2024 and a report was
called for as to why FIR was lodged on 28.08.2024 in
connection with Raghunathpur Excise P.S. Case No. 111 of
2024 under Section 154 of the Cr.P.C., when the Bharatiya
Nagarik Suraksha Sanhita, 2023 had already come into force on
01.07.2024. It is further submitted that the report has been
received vide Memo No. 768 dated 20.03.2025, indicating that
necessary directions have already been issued to all the S.H.Os.
of Excise, Siwan to ensure that F.I.R. is lodged under the
provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and
unqualified apology has been sought for the inconvenience
caused to the Court.
2. Learned counsel for the State has no objection over
Patna High Court CR. MISC. No.73260 of 2024(4) dt.06-02-2026
2/2
the same.
3. Accordingly, the provisional bail granted to the
petitioner by this Court vide order dated 08.10.2024 is hereby
confirmed on the same terms and conditions.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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