Patna High Court
Piyare @ Saddam Hussain @ Md. Saddam HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioner is entitled to anticipatory bail subject to conditions prescribed under Section 482 of the Criminal Procedure Code.
Summary
The petitioner, Piyare @ Saddam Hussain, sought anticipatory bail in a case (Kochadhaman P.S. Case No. 240/2023) alleging offences under Sections 414 and 34 of the Indian Penal Code relating to a stolen motorcycle. The prosecution alleged that the petitioner had sold the motorcycle to Maksood Alam, who was later apprehended with it. The petitioner contended that he was falsely implicated, that the motorcycle did not belong to him, that no incriminating article was recovered from his possession, and that he had no criminal antecedent. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482 of the CrPC, including attendance in court and verification of antecedents. The order clarified that its observations would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of alleged theft of a motor vehicle under IPC Sections 414 and 34.
- Whether the prosecution evidence suffices to deny bail on grounds of likelihood of tampering with evidence or fleeing.
- Whether the petitioner’s claim of no criminal antecedent and lack of recovery of the alleged stolen article warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 34, 414
Subjects
- anticipatory bail
- theft of motor vehicle
- IPC
- CrPC
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6215 of 2026
Arising Out of PS. Case No.-240 Year-2023 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Piyare @ Saddam Hussain @ Md. Saddam Hussain, S/o Afaque Alam, R/O
Village- Mansura, P.S- Kochadhaman, Distt.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Kochadhaman P.S. Case No. 240 of 2023
instituted for the offences punishable under Sections 414 of 34
of the Indian Penal Code.
3. The prosecution case is to the effect that one person
namely Maksood Alam was apprehended with a motorcycle and
he disclosed that he had purchased the same from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the case and the
motorcycle does not belong to the petitioner. Neither there is
any other case in which the petitioner is named for the theft of
such motorcycle. It has further been submitted that no
Patna High Court CR. MISC. No.6215 of 2026(2) dt.04-02-2026
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incriminating article was recovered either personally from the
possession of the petitioner or from his house. The motorcycle
admittedly was recovered from the shop of co-accused Maksood
Alam. Lastly, it has been submitted that the petitioner has no
criminal antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four 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 the learned Chief Judicial Magistrate, Kishanganj
in connection with Kochadhaman P.S. Case No. 240 of 2023,
subject to the conditions as laid down under Section 482 of the
BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
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(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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