Patna High Court

Md. Zakir Hussain @ Zakir HussainversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court held that, in view of the petitioner's clean antecedent and the absence of substantive evidence, anticipatory bail should be granted subject to the conditions of Section 482(2).

Summary

The petitioner, Md. Zakir Hussain, applied for anticipatory bail in a case registered under Sections 409 and 34 of the Indian Penal Code alleging misappropriation of Rs.7,500 received under the Swachh Bharat Mission for constructing a laboratory. He claimed a clean antecedent and asserted that the FIR was filed hastily without verifying whether the laboratory had been built, contending that the allegations were false. The State opposed the bail. The Court considered the petitioner's clean record, the lack of concrete evidence, and the possibility of the laboratory being present, and directed that he be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2). The anticipatory bail application was allowed.

Issues considered

Whether anticipatory bail should be granted in a case under IPC Sections 409 and 34 where the petitioner claims false implication and has a clean antecedent.
Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code justify granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 34, 409

Subjects

anticipatory bail
misappropriation of funds
Swachh Bharat Mission
IPC Section 409
IPC Section 34
clean antecedent
Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6718 of 2026
                    Arising Out of PS. Case No.-897 Year-2017 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Md. Zakir Hussain @ Zakir Hussain Son of Abdul Mazid R/o Mohalla-
                 Nakchhed Tola, Ward No. 18, P.S. -Motihari Town, District -East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Asif Kalim
                 For the Opposite Party/s :      Mr.Rabindra Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Sections 409

                   and 34 of the Indian Penal Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the informant

                   alleges that under the Scheme Swachh Bharat Mission, the

                   petitioner obtained first instalment of Rs.7500/- to construct

                   laboratory in his house but did not construct the laboratory and

                   thus misappropriated the government money.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is also submitted that the FIR was instituted in haste
               Patna High Court CR. MISC. No.6718 of 2026(2) dt.30-04-2026
                                                           2/2




                         without enquiring as to whether the laboroty has been constructed

                         or not. It is further submitted that even today if the authorities

                         come to the house of the petitioner to enquire they will find the

                         laboratory present. It is also submitted that after institution of the

                         instant FIR subsequently the authorities inquired and gave NOC.

                                      5. Learned A.P.P. Sri Rabindra Kumar opposes the

                         anticipatory bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, in the event

                         of his arrest or surrender before the learned Court below within a

                         period of six weeks, is directed to be released on bail on his

                         furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned Trial Court where the case is

                         pending/successor Court in connection with Motihari Town P. S.

                         Case No.897 of 2017, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T

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