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Can I travel abroad while a criminal case is pending in Patna?

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(@Naina Yadav)
Joined: 4 weeks ago
[#1211]
A criminal matter is pending against me before a Patna court, but I need to travel overseas for work. What permissions may be required and what restrictions could apply?

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Posts: 2660
(@advocate-mudit-pratap)
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Joined: 2 months ago

The honest answer is: often yes, but only with proper preparation and the right clearances in place. Two extremes — assuming you are automatically barred and cancelling travel, or assuming you can simply leave without checking — are both wrong, and each can have serious consequences.

The first thing to examine is your bail conditions. When bail was granted by the Patna Sessions Court or the Patna High Court, it may have included a condition that you not leave India without prior permission, and sometimes that your passport be surrendered. If such a condition applies, the procedure is to file an application before the court that granted bail, setting out your purpose of travel, the destination, the duration, and your undertaking to return and attend all future hearing dates. Patna courts grant travel permissions for genuine purposes — work, business, medical treatment, family emergencies, education — routinely and on relatively short turnarounds, often on conditions such as providing an itinerary and a further surety. This application is not difficult but it must be filed; simply travelling in breach of a bail condition is contempt of court and can result in bail cancellation.

The second thing to verify before making any travel plans is whether a Look Out Circular (LOC) has been issued against you — particularly relevant in economic offence matters, PMLA cases, and serious criminal matters where Bihar Police or the Patna Police Commissionerate may have requested one. An LOC will stop you at immigration regardless of your bail conditions. Checking for an LOC and, if one exists, approaching the appropriate court to have it lifted must happen before you book any flight. For passport renewal, a pending criminal case may require a No-Objection Certificate from the court under the Passports Act if there is an associated criminal matter. The criminal advocates at the Patna panel of Aapka Legal Advice can file the travel permission application, check for LOCs, and ensure no invisible bar exists before you finalise your travel plans.


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