Patna High Court
Ajam KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
When the petitioner is already released on default bail, the court need not entertain a subsequent regular bail application and may dispose of the application.
Summary
The petitioner, Ajam Khan, applied for regular bail in a criminal case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023. While the bail application was pending before the Patna High Court, the lower court had already granted default bail to the petitioner under section 187(2) of the same Act. The State’s counsel appeared, but no counsel represented the petitioner. The High Court examined the report from the Chief Judicial Magistrate confirming the earlier default bail order dated 18 October 2025. Since the petitioner was already on bail, the Court held that no further order was necessary and disposed of the regular bail application. The application was therefore dismissed without any further directions.
Issues considered
- Whether a regular bail application should be entertained when the petitioner is already on default bail under section 187(2) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 125(b), 126(2), 187(2), 3(5)
Subjects
- bail
- default bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76838 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Ajam Khan S/o Jamil Khan R/o - Navratanpur, P.S- Amdabad, District -
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 11-02-2026 No one appears for the petitioner. Learned APP for
the State is present.
2. The instant application has been filed praying for
grant of regular bail in connection with Amdabad P.S. Case
no.166 of 2025 registered under sections 126(2), 115(2), 118(1),
109, 125(b), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. By order dated 1.12.2025, a report was called for
from the learned Chief Judicial Magistrate, Katihar as to under
what circumstances, the default bail was granted to the
petitioner under section 187(2) of the B.N.S.S. while the
application for bail of the petitioner was pending consideration
before this Court.
4. A report has been received contained in letter dated
Patna High Court CR. MISC. No.76838 of 2025(5) dt.11-02-2026
2/2
10.12.2025 of the Judicial Magistrate 1st Class, Katihar.
5. From perusal of the report it transpires that while
default bail was granted to the petitioner vide order dated
18.10.2025, the instant application was affidavited by the cousin
of the petitioner on 30.10.2025 and filed thereafter.
6. Let the report be kept on record.
7. The petitioner already having been enlarged on bail
by the learned Court below by granting bail under section
187(2) of the B.N.S.S., no order need be passed in the instant
application.
8. The application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U T
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