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Patna High Court

Md. Arif @ Md. Arif HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner was not named in the FIR, the only material was a co‑accused’s confessional statement, no stolen property was recovered, and he had clean antecedents, satisfying the requirements of Section 482(2) of the B.N.S.

Summary

The petitioner, Md. Arif Hussain, sought anticipatory bail in a theft case registered under Section 305 of the B.N.S. The FIR did not name him; his alleged involvement stemmed solely from a co‑accused’s confessional statement. No stolen articles were found in his possession and he has a clean antecedent. The State opposed the bail. The Court, noting the lack of direct evidence, the general nature of the accusation, and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR and the only incriminating material is a co‑accused’s confessional statement.
  • Whether the absence of stolen property and the petitioner’s clean antecedents satisfy the criteria for bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Section 305
  • theft
  • confessional statement
  • clean antecedents
  • Section 482(2)
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3697 of 2026
                      Arising Out of PS. Case No.-165 Year-2025 Thana- JOGSAR District- Bhagalpur
                 ======================================================
                 Md. Arif @ Md. Arif Hussain Son of Abdul Rahman Resident Of Village-
                 Sahwaz Nagar Ps- Mojahidpur. District- Bhagalpur
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Md. Najmul Hodda, Advocate
                 For the State           :        Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   30-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 305 of the

                   B.N.S..

                                3. As per prosecution case, on 01.07.2025, some

                   unknown persons stole several articles from the temple.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..

                   Name of petitioner transpired during investigation only on the

                   basis of confessional statement of co-accused Chandra Kant

                   Kumar. Save and except confessional statement, there is no

                   material on record to show the complicity of this petitioner in

                   the alleged offence. No stolen articles were recovered from
             Patna High Court CR. MISC. No.3697 of 2026(4) dt.30-03-2026
                                                         2/2




                       possession of this petitioner. Petitioner claims clean antecedents.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, fact that no

                       stolen article were recovered from possession of this petitioner

                       and clean antecedents of the petitioner, the prayer for grant of

                       anticipatory bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Chief Judicial Magistrate,

                       Bhagalpur in connection with Jogsar P.S. Case No. 165 of 2025,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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