Patna High Court
Irfan Ali @ Nabi SaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to the conditions imposed under the relevant statutes.
Summary
The petitioner, Irfan Ali, was implicated in a theft case (Basantpur P.S. Case No. 706 of 2025) alleged under Sections 305(b), 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023. He claimed that he was falsely named due to personal enmity with another accused and that no incriminating material was recovered from him. The State opposed his request for anticipatory bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order required the petitioner to furnish bail bonds, ensure personal presence at trial dates, and comply with other safeguards, while stating that the observations would not affect the trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.
- Whether the prosecution has demonstrated a likelihood of the petitioner absconding, tampering with evidence, or committing further offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 305(b), 318(4), 336(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38867 of 2026
Arising Out of P.S. Case No.-706, Year-2025, Thana- BASANTPUR, District- Siwan
======================================================
Irfan Ali @ Nabi Sai, S/o Jamaludin Sah @ Jmalu Sai, Resident of Village -
Hussepur Nand, P.S.- Basantpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Basantpur P.S. Case No. 706 of 2025 registered
for the offence(s) under Section(s) 305(b), 318(4) and 336(3) of
the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the police conducted a
raid on secret information and accused Shashi Kumar along
with others including the petitioner brought a bike after
committing theft. It has next been submitted that the police has
apprehended one person who disclosed the name of all the
persons who who were present at the place of the occurrence
including the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and he was
Patna High Court CR. MISC. No.38867 of 2026(2) dt.17-06-2026
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not apprehended at the place of the occurrence. It has further
been submitted that the petitioner has been named due to the
personal differences with the said Sumit Kumar and no
incriminating article has been recovered from the petitioner or
from his home. It has lastly been submitted that the petitioner
has clean antecedent.
5. The 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 and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Basanatpur P.S. Case No.
706 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
Patna High Court CR. MISC. No.38867 of 2026(2) dt.17-06-2026
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following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. However, the
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
sweta/- (Sourendra Pandey, J)
U T
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