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Patna High Court

Md. Khurshid AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petitioner’s application for regular bail.

Summary

The petitioner, Md. Khurshid Alam, sought regular bail in a case under Sections 395 and 397 IPC (Khagaria P.S. Case No. 207 of 2022). The State opposed, highlighting four other criminal cases pending against him and inconsistencies in his affidavits regarding bail status in those cases. The petitioner argued that co‑accused had been granted bail and that he had not been declared an absconder. The court examined the petitioner’s custody in three Biraul cases, noting that bail had been granted but bonds were not furnished, and found discrepancies in his statements about case numbers and bail status. Considering the multiple pending charges, failure to produce bail bonds, and the petitioner’s lack of clean hands, the court declined to grant bail.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 395 and 397 IPC given the existence of multiple pending criminal cases.
  • Whether the petitioner’s alleged non‑absconding status and prior bail granted to co‑accused affect the bail decision.
  • Whether inconsistencies in the petitioner’s affidavits and failure to furnish bail bonds justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • Sections 395, 397
  • multiple pending cases
  • absconding
  • bail bond
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79861 of 2025
                     Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Md. Khurshid Alam S/O Abdul Kadir Resident of Village- Bakari, P.S.-
                 Khodabandpur, Dist.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khagaria P.S. Case No. 207 of 2022, lodged on 10.03.2022,

                   under Sections 395 & 397 of the Indian Penal Code, pending

                   before the Court of C.J.M., Khagaria.

                                3. Learned counsel for the petitioner submits that the

                   petitioner’s bail application was earlier rejected vide order dated

                   18.01.2025 passed in Cr. Misc. No. 28247 of 2024. He further

                   submits that the petitioner has been in custody since 09.08.2023.

                   He further submits that four other accused persons, namely,

                   Sumit Kumar, Prince Kumar, Raja Sahani @ Maikal @ Amar

                   Mahesh Sahni and MD. SHAHNAWAZ ALAM @ SONU, have

                   already been granted bail by different co-ordinate Benches of
Patna High Court CR. MISC. No.79861 of 2025(3) dt.25-02-2026
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          this Court in Cr. Misc. No. 13411 of 2023, Cr. Misc. No. 30357

          of 2024, Cr. Misc. No. 86673 of 2023 and Cr. Misc. No. 45543

          of 2023, respectively. He further submits that three accused

          persons, namely, Md. Rahmat, Abhijeet Kumar @ Ajay Kumar

          @ Ajay Rai @ Ajay Rai Patnawala and Pankaj Singh @ Pankaj

          Kumar Singh @ Pankaj Kumar, have also been granted bail by

          the Hon’ble Supreme Court of India in SLP (Crl.) No(s). 4905

          of 2025, SLP (Crl.) No(s). 929 of 2025 and SLP (Crl.) No(s).

          3557 of 2025, respectively. He also submits that the petitioner

          may also be directed to be released.

                       4. Learned APP for the State, on the other hand,

          vehemently opposes the prayer for bail and submits that four

          criminal cases are pending against the petitioner, as mentioned

          in paragraph No. 3 of the bail petition, the details of which are

          as follows:-

                       (i) Khodabandpur P.S. Case No. 233 of 2018 under

          Sections 302 & 34 of the Indian Penal Code.

                       (ii) Biraul P.S. Case No. 122 of 2022 under Sections

          395, 397 412, 120B of the Indian Penal Code along with Section

          27 of the Arms Act.

                       (iii) Benipur P.S. Case No. 165 of 2022 under

          Sections 399, 402 and 400 of the Indian Penal Code along with
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          Sections 25(1-b)a, 26 and 35 of the Arms Act.

                       (iv) Biraul P.S. Case No. 167 of 2022 under Sections

          413, 414 and 212 of the Indian Penal Code.

                       5. Counsel further submits that the present case has

          been instituted as Khagaria P.S. Case No. 207 of 2022 under

          Sections 395 and 397 of the Indian Penal Code. Counsel further

          submits that this Court, vide order dated 19.12.2025, directed

          the petitioner to file a supplementary affidavit bringing on

          record substantial proof to show that he is not absconding in any

          of the cases mentioned above.

                       6. Counsel further submits that this Hon’ble Court has

          also been pleased to call for a report with regard to the present

          stage of the trial and in the said report, it has been intimated by

          the Trial Court that in the present case, i.e., Khagaria P.S. Case

          No. 207 of 2022, there are six accused persons and the case is

          pending for the appearance of the present petitioner (Md.

          Khurshid).

                       7. Counsel further submits that the petitioner has also

          filed a supplementary affidavit stating that he has never been

          declared an absconder in any criminal case, rather, he has

          explained that he was arrested in Khodabandpur P.S. Case No.

          233 of 2018 on 07.09.2019 and was released on bail on
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          15.01.2022. Thereafter, the petitioner was again taken into

          custody on the basis of a production warrant on 01.08.2022 in

          the same case. However, this statement is incorrect, as the

          present petitioner is in custody in Benipur Jail, Darbhanga, in

          connection with Biraul P.S. Case No. 165 of 2022. The

          petitioner has been continuously writing to the Court praying

          that he may be produced from the custody of Benipur Jail,

          Darbhanga, in connection with Biraul P.S. Case No. 165 of

          2022, which is apparent from the orders dated 27.07.2022 and

          30.09.2022. In this regard, the Trial Court has also sought an

          explanation from the Jail Superintendent, Darbhanga, for non-

          production of the present petitioner.

                       8. However, the fact remains that the petitioner, who

          is in custody in Biraul P.S. Case No. 165 of 2022, was granted

          bail vide order dated 29.11.2023 passed in Cr. Misc. No. 74041

          of 2023, annexed as Annexure-P/6 to the supplementary

          affidavit, but he has not furnished the bail bond. Due to non-

          furnishing of the bail bond in Biraul P.S. Case No. 165 of 2022,

          he continues to remain in custody in the said case.

                       9.    Counsel       further      submits   that   from   the

          supplementary affidavit, it also transpires that the petitioner was

          also an accused in Biraul P.S. Case No. 122 of 2022, in which
Patna High Court CR. MISC. No.79861 of 2025(3) dt.25-02-2026
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          he was granted bail vide order dated 18.10.2023 passed in Cr.

          Misc. No. 67721 of 2023, annexed as Annexure-P/7 to the

          supplementary affidavit, however, he has not furnished the bail

          bond in that case as well.

                       10. Counsel further submits that in paragraph No. 3 of

          the bail petition, it has been stated that in Biraul P.S. Case No.

          167 of 2022, the petitioner is on bail, however, in paragraph No.

          4 of the supplementary affidavit, the petitioner has stated that in

          the said case, i.e., Biraul P.S. Case No. 167 of 2022, he is in

          judicial custody and not on bail.

                       11. Counsel further submits that in the supplementary

          affidavit, the petitioner has made submissions regarding Biraul

          P.S. Case No. 165 of 2022, whereas in paragraph No. 3 of the

          bail petition, he has referred to Benipur P.S. Case No. 165 of

          2022.

                       12. Counsel further submits that the petitioner is

          playing hide and seek and is presently languishing in Benipur

          Jail, Darbhanga, in connection with Biraul P.S. Case No. 122 of

          2022, Biraul P.S. Case No. 165 of 2022 and Biraul P.S. Case No.

          167 of 2022. Counsel further submits that in Biraul P.S. Case

          No. 122 of 2022 and Biraul P.S. Case No. 165 of 2022, he was

          granted bail in both cases but has not furnished the bail bonds.
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                       13. Upon perusal of the record and the annexures

          attached to the supplementary affidavit, it transpires to this

          Court that, on the one hand, the petitioner is in custody in

          Benipur Jail, Darbhanga, in connection with three cases,

          namely, Biraul P.S. Case No. 122 of 2022, Biraul P.S. Case No.

          165 of 2022 and Biraul P.S. Case No. 167 of 2022. He has been

          granted bail in two cases, namely, Biraul P.S. Case No. 122 of

          2022 and Biraul P.S. Case No. 165 of 2022, but has not

          furnished the bail bonds, whereas in Biraul P.S. Case No. 167 of

          2022, he is not on bail as per the supplementary affidavit, but

          made statement in paragraph No. 3 of the bail application that

          he is on bail.

                       14. On the other hand, he has been repeatedly filing

          petitions in Khodabandpur P.S. Case No. 233 of 2018 for his

          production, the Trial Court has also issued a production warrant.

          In the supplementary affidavit, there is no disclosure regarding

          Benipur P.S. Case No. 165 of 2022, but in paragraph No. 3 of

          the bail application, Benipur P.S. Case No. 165 of 2022 is

          mentioned.

                       15. Therefore, this Court is of the firm view that the

          petitioner has not come before this Court with clean hands and

          is attempting to hide from the Court. It is relevant to quote the
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          said report submitted by the Trial Court contained in Letter

          No.07/2026 dated 05.01.2026, the extract of the same is as

          follows:-




                       16. By the aforesaid report, it is clear that the case in

          which the petitioner is seeking bail is pending for his

          appearance, as is evident from the report of the District &
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                    Additional Sessions Judge-1st, Khagaria.

                                 17. In the present facts and circumstances of this case,

                    and in view of the submissions made above, this Court is not

                    inclined to grant bail to the petitioner at this stage, as his case is

                    found to be different from those of the other accused persons to

                    whom bail has been granted. Accordingly, the bail application of

                    the petitioner is hereby rejected.




                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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