Patna High Court
MD. JAKIRversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail is warranted and granted to the petitioners subject to specified conditions.
Summary
The petitioners, Md. Jakir and Md. Ekram, sought anticipatory bail fearing arrest in a case under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly keeping three stolen tractors in front of their shop. They contended that one tractor belonged to them, supported by a sale letter, and that they had no connection to the other two tractors. They further argued that the search and seizure were conducted without an independent witness, violating statutory requirements. The State opposed bail, citing the seriousness of the allegations and the petitioners' criminal antecedents, though the petitioners were already on bail in related matters. The court, after considering the facts, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including cooperation with the investigation and familial sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. and Section 482 BNSS despite the serious nature of the offences alleged.
- Whether the alleged procedural irregularities in the search and seizure (absence of an independent witness) justify the grant of bail.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- search and seizure
- illegal seizure
- stolen property
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17673 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
1. MD. JAKIR S/o- Jakir Hussain @ Md. Jakir R/v- Rupapatti Ps- Sakra Dist-
Muzaffarpur
2. Md. Ekram @ Md. Raja S/o- Jakir Hussain R/v- Rupapatti Ps- Sakra Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 317(2),
317(4), 317(5), 338, 336(3), 340(2), 318(4), 132, 131, 221,
61(2) of the B.N.S.
3. The allegation in the First Information Report is
that the petitioners had kept three stolen tractors in front of his
shop and house, which was recovered and, accordingly, seizure
list was prepared.
4. Learned counsel for the petitioners submits that
out of three tractors which are said to have been found in front
Patna High Court CR. MISC. No.17673 of 2026(2) dt.03-04-2026
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of the shop and house of the petitioner, one tractor belongs to
the petitioner and the document with regard to the ownership of
the same has also been brought on record by way of Annexure-
P/2, which is in a form of sale letter. The petitioners have no
concern with the other two tractors, which are said to have been
recovered from the area adjoining their shop and house. Further,
the said search and seizure has also not been made in the
presence of independent witness violating the mandatory
provisions of search and seizure.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report and submits that the petitioners have
criminal antecedent. In response to which, it has been submitted
by learned counsel for the petitioners that the petitioners are on
bail in those cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
Patna High Court CR. MISC. No.17673 of 2026(2) dt.03-04-2026
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pending/successor Court in connection with Sakra P.S. Case No.
331 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors will be their own blood
relative, preferably, father, mother, brother, sister
and/or his wife.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make
themselves available as and when so required,
failing which the prosecution will be at liberty to
move cancellation of their bail bond.
(Soni Shrivastava, J)
anand/-
U T
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