Patna High Court
Khatib Alam @ Md. Khatib AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted despite the six‑year delay and the petitioner’s non‑inclusion in the FIR, under Sections 482 and 438(2) of the CrPC.
Summary
The petitioner, Khatib Alam, feared arrest in connection with a 2019 case (Garvandanga P.S. Case No.42) involving alleged offences under IPC sections 323, 341, 306 and 34. He was not named in the FIR, and after about six years the police sought a warrant for his arrest. The petitioner applied for bail, arguing the delay and his non‑inclusion in the FIR made the arrest unreasonable. The High Court examined whether anticipatory bail could be granted despite the lapse of time. The Court allowed the application, directing that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Sections 482 and 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether bail can be granted when there is a six‑year delay in the issuance of an arrest warrant.
- Whether the petitioner’s non‑inclusion in the FIR affects the propriety of granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 306, 323, 34, 341
Subjects
- bail
- anticipatory bail
- delay in arrest
- FIR
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75248 of 2025
Arising Out of PS. Case No.-42 Year-2019 Thana- GARVANDANGA District- Kishanganj
======================================================
Khatib Alam @ Md. Khatib Alam S/O Zahid @ Zahidur Hussain Resident of
Village- Betwari, P.S.- Garvandanga, District- Kishanganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Hafiz Shahbaz Arif, Advocate
For the State : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in
connection with Garvandanga P.S. Case No.42 of 2019
registered for the offence under sections 323, 341, 306/34 of
the Indian Penal Code.
3. The petitioner was not named in the F.I.R.
During investigation, it has come that the petitioner used to talk
with the deceased, who had committed suicide.
4. Learned counsel for the petitioner submits
that the F.I.R. has been instituted in the year 2019 but after
lapse of about six years, the police has submitted requisition
for issuance of warrant of arrest against the petitioner.
5. Considering the aforesaid facts, this
Patna High Court CR. MISC. No.75248 of 2025(3) dt.10-03-2026
2/2
application is allowed.
6. Accordingly, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Kishanganj / concerned Court below, in
connection with Garvandanga P.S. Case No.42 of 2019, subject
to the conditions laid down in Section 482 of the BNSS / 438(2)
of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
pawan/-
U T
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