Patna High Court
Kim Yang DeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is to be granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, a South Korean national, was arrested for residing in India beyond the expiry of his employment visa in January 2021, under sections 14A and 14B of the Foreigners Act. He had married a resident of Manipur and has a child, and he was employed as a Project Manager before his visa lapsed. The petitioner sought bail, offering to deposit his passport and having his wife as a surety, while asserting no involvement in any criminal activity. The Union of India opposed bail on the ground of illegal stay. The Court, noting the absence of any criminal allegation, the petitioner’s willingness to cooperate, and his custodial status since May 2025, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding presence in court and efforts to renew the visa.
Issues considered
- Whether bail can be granted to a foreign national detained under sections 14A and 14B of the Foreigners Act for visa overstay
- Whether the petitioner’s lack of criminal allegation and willingness to deposit passport justify bail
Legislation cited
- Foreigners Act — s. 14A, 14B
Subjects
- bail
- Foreigners Act
- visa overstay
- immigration law
- criminal miscellaneous
- foreign national
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74113 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Kim Yang De S/o Yang Say Kim Resident of - Yang Fyung Gun, Yang Fyung
Up, Chhandri 608 - 1, South Korea Current Address - Wataud Kataomeyi,
Central Senapati, Manipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through Ministry of Home , Government of India, New
Delhi New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan, Adv.
Ms. Shruti Singh, Adv.
Mr. Rajnikant, Adv.
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
For the U.O.I : Mr. Alok Kumar, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the Union of India.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Raxaul P.S. Case no.218 of 2025
registered under sections 14A and 14B of the Foreigners Act.
3. Learned counsel for the petitioner submits that the
present case has been registered under the provisions of the
Foreigners Act and the allegation against the petitioner is that he
has been residing in India without a valid visa, as his visa
expired in January, 2021. It is further submitted that the
petitioner had come to India on a valid employment visa, which
Patna High Court CR. MISC. No.74113 of 2025(4) dt.11-02-2026
2/4
remained effective until January, 2021 Thereafter, he made
efforts on two occasions in the year 2021 to have his visa
renewed, however, the same could not be processed. It is further
submitted that during his stay in India, the petitioner solemnized
marriage with a girl who is the resident of Manipur and out of
the said wedlock a girl child has been born. Learned counsel
further submits that the petitioner was employed as a Project
Manager in K.K. Engineering Pvt. Ltd. company and had
intended to return to his native country, but in the meantime, his
visa expired. It is contended that there is no allegation
whatsoever of the petitioner having indulged in any unlawful or
criminal activity apart from the alleged overstay. The petitioner
is in custody since 19.05.2025 and he undertakes to deposit his
passport with the concerned authorities and would make efforts
to get his visa renewed. It is further submitted that his wife
would be the one of the bailors, in case bail is granted to him.
4. Learned counsel for the U.O.I has vehemently
opposed the bail application of the petitioner on the ground that
since visa of the petitioner had expired way back in the year
2021, his staying in country is illegal.
5. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that there
Patna High Court CR. MISC. No.74113 of 2025(4) dt.11-02-2026
3/4
is no serious allegation against the petitioner that he was
engaged in unlawful activity and further consideration is that he
is ready to deposit his passport before the concerned authorities
and undertakes that he shall neither abscond nor tamper with the
evidence in any manner and further considering that the
petitioner is in custody since 19.05.2025, the petitioner is
directed to be enlarged on bail in connection with Raxaul P.S.
Case no.218 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court concerned where
the case is pending/successor Court, subject to the following
conditions:-
(I) One of the bailors of the petitioner shall be the
wife of the petitioner i.e. S Jerosha D/o- Ch Simon, Near Local
Ground Katomei Centre, P.O- Senapati, Dist- Senapati,
Manipur, Pin Code-795106.
(II) The petitioner shall remain physically present in
the learned trial Court on each and every date and shall
cooperate in the trial. In case the petitioner is absent on two
consecutive dates without sufficient reasons, the learned trial
Court would be at liberty to cancel the bail bonds of the
petitioner.
Patna High Court CR. MISC. No.74113 of 2025(4) dt.11-02-2026
4/4
(III) Efforts would be made at the end of the petitioner
to get his visa renewed/issued.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…