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Patna High Court

Piyare @ Saddam Hussain @ Md. Saddam HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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;
            Patna High Court CR. MISC. No.6215 of 2026(2) dt.04-02-2026
                                                        3/3




                                   (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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