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Patna High Court

MD. JAKIRversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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