Patna High Court
Parvej Alam @ Parvej KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused due to the inordinate delay of 21 years since the FIR.
Summary
The petitioners, three brothers from Marawatpur, sought anticipatory bail in a criminal case (PS Desari Case No. 105 of 2004) involving multiple offences under the Indian Penal Code, including sections 147, 149, 342, 323, 324, 354, 447, 504, 506, 379, 279 and 302. The State opposed the bail, highlighting that the application was filed 21 years after the case was registered, indicating no genuine apprehension of arrest. The court examined the inordinate delay and the lack of immediate threat to liberty. It held that such a prolonged lapse defeats the purpose of anticipatory bail, which is to protect against imminent arrest. Consequently, the court refused the anticipatory bail application.
Issues considered
- Can anticipatory bail be granted when the application is filed 21 years after the FIR was lodged?
- Does the petitioner have a genuine apprehension of arrest justifying anticipatory bail?
Legislation cited
- Indian Penal Code — s. 147, 149, 279, 302, 323, 324, 342, 354, 379, 447, 504, 506
Subjects
- anticipatory bail
- delay
- Indian Penal Code
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8591 of 2026
Arising Out of PS. Case No.-105 Year-2004 Thana- DESARI District- Vaishali
======================================================
1. Parvej Alam @ Parvej Khan S/O Hasibur Rahman @ Hasibul Rahman R/O
Vill.- Marawatpur, P.S-Desari, District- Vaishali
2. Laddu Khan @ Afroj Khan S/O Hasibur Rahman @ Hasibul Rahman R/O
Vill.- Marawatpur, P.S-Desari, District- Vaishali. S/O Hasibur Rahman @
Hasibul Rahman
3. Atirur Rahman @ Atirur Rahman Khan S/O Hasibur Rahman @ Hasibul
Rahman R/O Vill.- Marawatpur, P.S-Desari, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Desari P. S. Case
No. 105 of 2004 registered for the offences punishable under
Sections 147, 149, 342, 323, 324, 354, 447, 504, 506, 379, 279,
302 of the Indian Penal Code.
3. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioners have moved
before this court for pre-arrest bail in a case registered in the
year 2004 i.e., after lapse of about 21 years. It appears that
petitioners have no apprehension of arrest.
Patna High Court CR. MISC. No.8591 of 2026(2) dt.23-02-2026
2/2
4. Considering the inordinate delay of 21 years, prayer
for anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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