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Patna High Court

Md. Jikaullah @ Md. ZikullahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U     T


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