Md. Kaiyum@ Md. Karnum v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16636 of 2026 Arising Out of PS. Case No.-13 Year-2025 Thana- Akbarpur District- Purnia ====================================================== Md. Kaiyum@ Md. Karnum S/O Md. Murtaza R/O village - Lauwa Lagan, P.S - Chousa, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner as well as Ms. Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 04.03.2025 in connection with Akbarpur P.S. Case No. 13 of 2025, F.I.R. dated 03.02.2025 for the offences punishable under Sections 309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that on 03.02.2025 a person wearing helmet with covered face armed with gun, came to informant's CSP enter and threatened him to kill and demanded money. Informant gave Rs.80,000/- to the miscreant and then the miscreant fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his
Patna High Court CR. MISC. No.16636 of 2026(2) dt.16-03-2026 2/3 name transpired during investigation on the basis of secret information and nothing has been recovered from the concious possession of the petitioner. He next submits that petitioner has been remanded in this case on 04.03.2025 from Chousa P.S. Case No.184 of 2024 and till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner on 17.04.2025 and the petitioner is in custody since 04.03.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioners carries two criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances and the fact that the petitioner is not named in the FIR and his name transpired during investigation on the basis of secret information and till date no TIP has been conducted and period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16636 of 2026(2) dt.16-03-2026 3/3 learned Additional Chief Judicial Magistrate-1st, Purnea in connection with Akbarpur P.S. Case No. 13 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T