Patna High Court Orders Deportation Of Iraqi National Arrested In Bihar
Police investigation revealed that the accused held a double-entry tourist visa and had already entered and left India twice.
Published : October 16, 2025 at 7:47 AM IST
Patna: The Patna High Court on Wednesday ordered the deportation of an Iraqi citizen who was arrested for allegedly illegally entering India via Nepal earlier this year.
A bench of Justice Arun Kumar Jha directed the government to coordinate the deportation of Bara Fabzi Hamid Al Bayati in consultation with the Iraqi Embassy in New Delhi. It also ordered the immediate return of the seized items belonging to the applicant.
The Matter
Al Bayati, a manager at a software company in Dubai, was arrested on June 22, 2025, by Motihari police in Raxaul on the India-Nepal border. He was accused of illegally entering India.
According to the then DSP of Raxaul, Dhirendra Kumar, during interrogation, Al Bayati admitted to coming to India on a tourist visa for the second time in a month. Officials from the Haraiya police station arrested him when he visited India to recruit some personnel as an engineer.
Tourist Visa Already Used
The court was informed that the applicant possessed a valid passport and a double-entry visa and had entered the Indian territory via Nepal. Investigation revealed that he had already availed of his two entries into India.
A police official said that the Iraqi citizen's first and second visits to India were from May 15 to May 20 (arrival at Mumbai airport and departure from Kolkata airport) and from May 25 to June 5 (arrival and departure from New Delhi airport). "After availing of both visa entries, he remained in India illegally until June 16," the official said.
"Upon learning of this fact, a case number 76/2025 was registered against the applicant at the Haraiya police station under sections 3(2)(a), 14(a), and 14(b) of the Foreigners Act," the official said.
Engineer By Profession
The lawyer representing the Iraqi national explained his client was employed as a Senior Technical Manager at Granada Europe Construction in the United Arab Emirates. "He is an engineer by profession. He also has his own business in Dubai. The company is registered with the Government of India. The Ministry of External Affairs of the Government of India issued a certificate dated 02.06.2025 to the Consulate General of India in the United Arab Emirates regarding the applicant's business trip," the lawyer said.
On behalf of the state government, the Superintendent of Police of Motihari, East Champaran, filed a reply affidavit and informed the court that the applicant was found in Indian territory "without a valid visa". Consequently, a case was registered against him under the Foreigners Act and he was sent to jail.
Deportation Order
On Wednesday, after hearing arguments from all parties, the Patna High Court ordered the deportation of the foreign national to his country in consultation with the Iraqi Embassy. It stated that action should be taken expeditiously.
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