Patna High Court
Makhdum Hussain @ Md. Makhadum HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(3), 336(4), 338, 61(2)
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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