Created by Fuzzy Cloud

Patna High Court

Jikru @ ZikrulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.