Patna High Court
Jikru @ ZikrulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bond and surety conditions, with the provision that it may be cancelled if he does not cooperate with the investigation.
Summary
The petitioner, Jikru @ Zikrul, applied for anticipatory bail after being implicated in a case alleging involvement in ATM cutting theft and stray cattle stealing, offences punishable under several sections of the BNS. He asserted a clean antecedent and claimed false implication by the informant, noting that the FIR did not specifically allege his participation in the ATM crime. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the petitioner's clean record and the possibility of cooperation with the investigation, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that the bail may be cancelled if he fails to cooperate. The order directed the trial court to issue the bail and to cancel it upon non‑cooperation, and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the allegations and his clean antecedent.
Legislation cited
- Bihar Negotiable Sale Act — s. 303(2), 313, 317(4), 317(5), 334(1), 482(2), 62
Subjects
- anticipatory bail
- false implication
- Section 482
- criminal procedure
- ATM theft
- cattle stealing
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43257 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- JOKIHAT District- Araria
======================================================
Jikru @ Zikrul son of Rizabul @ Rajabul Resident Of Village- Thapkol, Ward
No 12, Police Station- Jokihat, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P., Mr. Rabindra Kumar for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 313,
317(4), 317(5), 334(1), 303(2) and 62 of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 06.03.2026 at 2:00 AM, four accused were
apprehended who disclosed their names and also that they are
involved in cutting of ATM for committing theft and that they
had rented a house at Jokihat through Md. Sahid and use the
same as base and also indulged in stealing stray cattle and sell to
Md. Sahid and petitioner, further ATM cutting machine and
Bolero Pick up were seized.
Patna High Court CR. MISC. No.43257 of 2026(2) dt.13-07-2026
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4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that the
apprehended accused did not disclose about participation of the
petitioner in cutting of ATM for committing theft, but alleges
that they also steal stray cattle and sell the same to Md. Sahid
and petitioner but then no stray cattle were recovered. It is also
submitted that if privilege of anticipatory bail is granted, the
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Jokihat P.S. Case No. 89 of 2026 subject to the conditions
as laid down under Section 482 (2) of BNSS. One of the bailors
Patna High Court CR. MISC. No.43257 of 2026(2) dt.13-07-2026
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of the petitioner shall be his father Rizabul @ Rajabul.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the application stands allowed.
(Satyavrat Verma, J)
rajesh/-
U T
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