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Patna High Court

Makhdum Hussain @ Md. Makhadum HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified bond and surety conditions.

Summary

The petitioner, Makhdum Hussain, sought anticipatory bail fearing arrest in a case (PS No. 512 of 2024) under Sections 317(5), 318(4), 338, 336(3), 336(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that the police had intercepted a motorcycle allegedly stolen and could not produce valid documents. The petitioner claimed false implication, highlighted a three‑day delay in lodging the FIR, reliance on a co‑accused’s confessional statement, non‑recovery of the vehicle from his possession, and his clean criminal record, while noting that another co‑accused had already been granted regular bail. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 with two sureties of equal amount, and complies with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged false implication and procedural delays.
  • Whether the delay in filing the FIR and lack of recovery of the alleged stolen vehicle justify granting bail.
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR delay
  • stolen vehicle
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5531 of 2026
                  Arising Out of PS. Case No.-512 Year-2024 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Makhdum Hussain @ Md. Makhadum Hussain S/o Late Abdul Wahid Miyan
                 Resident of Village- Chorma (Laheri Tola), PS- Pakaridayal, District- East
                 Champaran Motihari
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Ms.Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Muffasil P.S. Case No. 512 of 2024 instituted for the

                   offence under Sections 317(5), 318(4), 338, 336(3), 336(4) &

                   61(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case in a nutshell is that police during

                   patrolling, intercepted a motorcycle boarded by three accused,

                   including the petitioner and on interrogation, they were unable

                   to produce the valid documents and have disclosed that

                   motorcycle in question is stolen one.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. There

                   is inordinate delay of three days in lodging the F.I.R. The name
           Patna High Court CR. MISC. No.5531 of 2026(2) dt.03-02-2026
                                                       2/2




                     of the petitioner transpired in this case on the basis of

                     confessional statement of co-accused Akhtar Dewan. The said

                     stolen vehicle has not been recovered from the conscious

                     possession of the petitioner. Learned counsel for the petitioner

                     further submits that other co-accused has been granted regular

                     bail by this Court vide order dated 30.04.2025 passed in Cr.

                     Misc. No. 23724 of 2025. It has been submitted on behalf of the

                     petitioner that the petitioner has no criminal antecedent.

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

                     opposed the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Muffasil P.S.

                     Case No. 512 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T


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