Patna High Court
Md. Dilsad Alam @ Md. Dilshad AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The petition for bail is allowed, subject to bond and surety conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Md. Dilsad Alam, sought bail fearing arrest in a theft case (Shakurabad P.S. Case No. 28 of 2025) involving alleged offences under Sections 334(1), 303(2) and 3(5) of the Bihar Negotiable Substances Act. He claimed innocence, alleging false implication due to personal enmity and noted that no stolen property had been recovered from him. The State opposed the bail application. The court considered the lack of prior criminal antecedents, the absence of recovered stolen goods, and the petitioner’s failure to earlier seek anticipatory or regular bail. Applying Section 482(2) of the Bihar Non‑Securable Substances (B.N.S.S.) Act, 2023, the court granted bail, directing the petitioner to surrender within eight weeks with a bail bond of Rs. 10,000 and two sureties, subject to conditions regarding concealment of antecedents or false statements.
Issues considered
- Whether bail should be granted to the petitioner in the theft case under Section 482(2) of the B.N.S.S., 2023
- Whether the petitioner’s alleged lack of criminal antecedents and absence of recovered stolen property justify bail
Subjects
- bail
- criminal procedure
- Section 482
- Bihar law
- theft
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4471 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- SAKURABAD District- Jehanabad
======================================================
Md. Dilsad Alam @ Md. Dilshad Ahmad S/O Md. Maksud Ansari, R/O
Village- Shakurabad, P.S.- Shakurabad, Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate
For the State : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Shakurabad P.S. Case No. 28 of 2025, dated
03.02.2025, registered for the offences punishable under
Sections 334(1), 303(2) and 3(5) of BNS.
3. As per allegation, there is theft of some paddy from
the cowshed of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case on account of enmity. He further submits that there is no
recovery of any theft property from the possession of the
petitioner.
5. It is also stated in paragraph no. 2 of the bail
Patna High Court CR. MISC. No.4471 of 2026(2) dt.04-02-2026
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petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court Below, in connection
with Shakurabad P.S. Case No. 28 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
Patna High Court CR. MISC. No.4471 of 2026(2) dt.04-02-2026
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same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
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