Patna High Court

Aftab Ali @ Aftan Ali @ Sonu SaiversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioner, Aftab Ali, feared arrest in connection with Ziradei Police Station Case No. 109 of 2024, which alleges theft of Rs 98,000 via a Paytm UPI transfer after his mobile phone was snatched, punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is that four unknown miscreants committed the theft, while the petitioner contends he is innocent, not named in the FIR, and that no incriminating material or TI‑parade has been produced against him. The State opposed the grant of bail, arguing the seriousness of the alleged offence. The Court examined the lack of material evidence, the petitioner’s clean record, and the procedural safeguards, and under Section 482(2) of the BNSS, 2023, ordered anticipatory bail on the condition of a Rs 10,000 bond and two sureties, to be effective if he is arrested within six weeks. The order also imposed standard bail conditions and directed release upon compliance.

Issues considered

Whether anticipatory bail can be granted in the absence of incriminating material against the petitioner
Whether the allegations under Section 309(4) of the BNSS justify denial of bail
Whether Section 482(2) of the BNSS empowers the court to grant anticipatory bail in this circumstance

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 482(2)

Subjects

anticipatory bail
Section 309(4) BNSS
electronic fraud
Paytm theft
bail conditions
Criminal Procedure
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58946 of 2025
                        Arising Out of PS. Case No.-109 Year-2024 Thana- JIRADEI District- Siwan
                 ======================================================
                 Aftab Ali @ Aftan Ali @ Sonu Sai Son Of Bhuar Sai @ Sattar Sai Resident
                 Of Village -Thepha, Sai Tola, P.S.- Ziradei, District- Siwan


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arbind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   05-02-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Ziradei P.S. Case No. 109 of 2024, instituted for the

                   offences punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita, 2023.

                           3. The prosecution case, in short, is that, four unknown

                   miscreants intercepted the informant, snatched away his mobile

                   phone on the point of pistol and transferred Rs. 98,000/- from

                   his Paytm UPI.

                           4.      Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.58946 of 2025(3) dt.05-02-2026
                                            2/3




          against him and has falsely been implicated in the present case.

          No incriminating material has been recovered from the

          conscious possession of the petitioner. Learned counsel for the

          petitioner further submits that the petitioner is not named in the

          FIR. The petitioner has been implicated in this case on the basis

          of suspicion and the police recorded his confessional statement

          and the same has got no evidentiary value. No T.I. parade has

          been conducted in this case. The petitioner has got no criminal

          antecedent. Other co-accused has been granted bail by this

          Court vide order dated 08.01.2025, passed in Cr. Misc. No.

          87592 of 2024.

                  5.      On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the rival submissions made by the

          learned counsel for the parties, let the petitioner above-named,

          in the event of his arrest or 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.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the

          case is pending/successor court in connection with Ziradei P.S.

          Case No. 109 of 2024, subject to the conditions as laid down
           Patna High Court CR. MISC. No.58946 of 2025(3) dt.05-02-2026
                                                       3/3




                     under Section 482(2) of the BNSS, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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