Patna High Court
Md. Rakim @ Mohammad RakimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions.
Summary
The petitioner, Md. Rakim, feared arrest in a case registered under Section 354B of the IPC. He had previously applied for anticipatory bail, which was disposed of in February 2024, and had cooperated with the investigation, resulting in no arrest by the police. After a charge‑sheet was filed and cognizance taken, he again sought anticipatory bail, arguing that the police’s earlier decision not to arrest should preclude his detention. The State opposed the bail. The Court, considering the petitioner’s clean record and cooperation, granted anticipatory bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties, subject to the provisions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted when the police have not arrested the accused but cognizance has been taken.
- Whether the petitioner’s prior cooperation and clean antecedent justify bail.
- Whether conditions under Section 482(2) of the Cr.P.C. may be imposed on anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 41A, 482(2)
- Indian Penal Code — s. 354B
Subjects
- anticipatory bail
- Section 354B IPC
- Criminal Procedure Code
- cognizance
- police investigation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8055 of 2026
Arising Out of PS. Case No.-101 Year-2023 Thana- DHAKA District- East Champaran
======================================================
Md. Rakim @ Mohammad Rakim S/o Md. Kazim R/o Village- Chandanbara,
P.S-. Dhaka, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Asif Kalim
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner, Sri Asif
Kalim and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 354B of the
IPC.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent. It is next submitted
that petitioner had earlier moved before this Court seeking
anticipatory bail by filing Cr. Misc No. 4770 of 2024 and the
same came to be disposed of by an order dated 20-2-2024 in
terms of the order dated 13-2-2024 in Cr. Misc No. 3536 of
2024 (Naushad Ansari vs. the State of Bihar). It is further
submitted that in compliance of the order dated 20-2-2024 in Cr.
Misc No. 4770 of 2024, the petitioner was given notice under
Patna High Court CR. MISC. No.8055 of 2026(2) dt.03-07-2026
2/2
Section 41A of the Cr.P.C and the petitioner cooperated in the
investigation and police never felt the need of arresting the
petitioner. It is also submitted that after investigation, charge-
sheet came to be submitted based on which cognizance has been
taken as such petitioner apprehends arrest. It is next submitted
that when police during the course of investigation did not arrest
the petitioner, whether it would be prudent for the court to send
the petitioner to jail based on an order of cognizance.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Dhaka P.S. Case No. 101 of 2023, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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