Patna High Court
Akhtari KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Akhtari Khatoon and her sons, applied for anticipatory bail fearing arrest in a theft case (PS Case No.29 of 2024) registered under IPC sections 457, 380 and 34. The FIR was based solely on the testimony of a neighbour, Ekram Alam, who claimed to have seen the accused fleeing, and was lodged after a four‑day delay without explanation. The petitioners have no criminal antecedent and offered to cooperate with the investigation. The State opposed the bail, but the court found the allegations vague, no material was recovered from the petitioners, and the delay in filing the FIR did not justify denial of bail. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) CrPC and Section 482(2) of the B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail can be granted when the FIR is based on vague suspicion and delayed filing.
- Whether the absence of any recovered property or criminal antecedent justifies bail.
- Whether the provisions of Section 438 CrPC and Section 482(2) B.N.S.S, 2023 are applicable.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 34, 380, 457
Subjects
- anticipatory bail
- Theft
- IPC
- Section 438
- Section 482
- Criminal Procedure
- Bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3002 of 2026
Arising Out of PS. Case No.-29 Year-2024 Thana- SIGAUDI District- Patna
======================================================
1. Akhtari Khatoon Wife of Gulab Ansari @ Gulab Miyan Resident of Village-
Banauli Khurd, PS -Khiri More District -Patna
2. Firoj Alam @ Md. Firoj Ansari Son of Gulab Ansari @ Gulab Miyan
Resident of Village- Banauli Khurd, PS -Khiri More District -Patna
3. Jisan Alam @ Md. Jisan Ansari Son of Gulab Ansari @ Gulab Miyan
Resident of Village- Banauli Khurd, PS -Khiri More District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Sigaudi P.S. Case no.29 of 2024 registered
under sections 457, 380 read with 34 of Indian Penal Code.
3. Allegations in the F.I.R is that there was a theft
committed in the house of the informant by the accused persons.
4. Learned counsel for the petitioners submits that it
would be apparent from the F.I.R itself that name of the
petitioners has transpired in this case only on disclosure made
by one Ekram Alam, who is the neighbour of the informant that
15 days earlier, he had seen the accused persons including the
petitioners fleeing away with stolen articles. Besides this,
nothing has come to implicate the present petitioners in the
alleged occurrence. It has further been submitted that F.I.R was
Patna High Court CR. MISC. No.3002 of 2026(2) dt.28-01-2026
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lodged after a delay of four days, for which no explanation has
been tendered. The petitioners have no criminal antecedent and
undertake to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and considering that allegations in the
F.I.R are based on vague suspicion and there is no recovery
from possession of these petitioners, it is directed that the
petitioners, above named having no criminal antecedent, in the
event of their arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Sigaudi P.S. Case no.29 of 2024 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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