Patna High Court
Md. Khurshid AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Indian Penal Code — s. 120, 212, 302, 34, 395, 397, 399, 400, 402, 412, 413, 414
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
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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
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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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