Patna High Court
Md. Jikaullah @ Md. ZikullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Jikaullah, was named in an FIR for alleged theft of buffaloes and related offences under the Bhartiya Nyaya Sanhita, 2023 and the Animal Cruelty Act. He contended that he was not present at the scene and was implicated only through statements of a co‑accused, and that the investigation was complete with the stolen animals recovered. The petitioner sought anticipatory bail, citing lack of antecedents and the grant of similar relief to a co‑accused in a related case. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts, parity with the co‑accused, and the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, ordered that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties. The bail was granted conditionally, allowing the petitioner to avoid detention pending trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences under the BNSS and Animal Cruelty Act.
- Whether the circumstances, including the petitioner’s alleged non‑presence at the crime scene and the completion of investigation, justify the grant of bail.
Legislation cited
- Animal Cruelty Act — s. 11, 11(1)(c), 11(1)(d), 11(1)(e), 11(1)(f), 11(1)(g)
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 112 read with 3(5), 303(2), 317(5), 325
Subjects
- anticipatory bail
- theft of livestock
- animal cruelty
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33167 of 2026
Arising Out of PS. Case No.-247 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Md. Jikaullah @ Md. Zikullah S/o Abdul Lais @ Abulaish Shekh R/o Village
- Bhedihari, P.S. - Purshottampur, Dist. - West Champaran, Bihar - 845307.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and is
apprehending his arrest in connection with Piprakothi P.S. Case
No.247 of 2025, registered under Sections 303(2), 317(5), 325,
112 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’) as well as Sections 11, 11(1)(c), 11(1)(d), 11(1)(f),
11(1)(g) and 11(1)(e) of the Animal Cruelty Act.
3. As per FIR, the petitioner and other co-accused
persons allegedly are involved in theft of buffaloes of adjacent
villages and thereafter to sell the stolen buffaloes in Nepal for
higher price.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner was not apprehended at the spot and
his name was disclosed by the apprehended co-accused person.
Patna High Court CR. MISC. No.33167 of 2026(2) dt.13-05-2026
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It is submitted that all stolen buffaloes were recovered from the
possession of the apprehended co-accused person. It is
submitted that the investigation of this case into all material
aspects has already been completed, therefore, sending this
petitioner behind the bar would not serve any purpose. The
petitioner has got no antecedent. It is lastly submitted that
similarly situated co-accused, namely, Shekh Nihal @ Md.
Rehan has been allowed the privilege of anticipatory bail by a
Coordinate Bench of this Court by order dated 27.04.2026
passed in Cr. Misc. No. 26707 of 2026.
5. Learned APP opposed the prayer for anticipatory
bail of the petitioner.
6. Heard the parties and perused the record.
Considering the facts and circumstances and parity,
let the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks from
today, be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned 21 st District & Additional
Sessions Judge, East Champaran, Motihari, in connection with
Piprakothi P.S. Case No.247 of 2025, subject to the conditions
as laid down under Section 482(2) of the Bhartiya Nagrik
Patna High Court CR. MISC. No.33167 of 2026(2) dt.13-05-2026
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Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Praveen Kumar, J)
Pawan/-
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