Patna High Court
Md. MustaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Md. Mustaque, was charged under Sections 303(2) and 111(2)(b) of the BNS for the alleged theft of two tractors whose GPS‑equipped vehicles were recovered from his residence. He had previously been arrested in a separate case (Sakra P.S. Case No. 331 of 2025) but was on bail there, and he claims innocence, asserting that he only deals in iron rods and cement. The State opposed bail, highlighting that the stolen tractors were found in the petitioner's possession and that he has a prior criminal antecedent (Sakra P.S. Case No. 61 of 2020 under IPC Sections 379 and 307). The court, considering the recovery of the property and the prior conviction, was not persuaded to grant bail and rejected the petition. However, the court directed the trial court to expedite the trial within a year, after which the petitioner may renew his bail application.
Issues considered
- Whether bail should be granted to the petitioner given the recovery of the stolen tractors from his possession
- Whether the petitioner's prior criminal antecedent under IPC Sections 379 and 307 warrants denial of bail
- Whether the absence of an earlier anticipatory or regular bail application affects the decision
Legislation cited
- BNS — s. 111(2)(b), 303(2)
- Indian Penal Code — s. 307, 379
Subjects
- bail
- theft
- recovery of stolen property
- prior criminal antecedent
- Indian Penal Code
- BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78114 of 2025
Arising Out of PS. Case No.-609 Year-2025 Thana- SONEPUR District- Saran
======================================================
Md. Mustaque, Son of Md. Jakir Resident of Village - Rupanpatti, P.S.- Sakra,
District - Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nazia Shabah, Advocate.
For the State : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sonepur P.S. Case No. 609 of 2025 registered for the offences
punishable under Sections 303(2) and 111(2)(b) of BNS.
3. The prosecution case as emerging from the First
Information Report is that two tractors belonging to Amod
Singh and Pramod Singh were stolen bearing registration No.
BR-04GB-2575 and BR-31GA-6452 respectively wherein GPS
were installed. The present FIR has been lodged against
unknown persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner has been remanded
Patna High Court CR. MISC. No.78114 of 2025(3) dt.21-01-2026
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in this case on 15.09.2025 after arrest in Sakra P.S. Case No.
331 of 2025 lodged on account of recovery of same tractors
from his house. However, in Sakra P.S. Case No. 331 of 2025,
the petitioner is on bail. He further submits that the petitioner
has nothing to do with the alleged offence. He deals in iron rod
and cement etc.
5. He further submits that the petitioner has been
languishing in jail since 15.09.2025.
6. It has also been stated in paragraph No. 3 of the bail
petition that the petitioner has one criminal antecedent.
7. It is also stated in paragraph No. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail submitting that the
stolen property which are two tractors have been recovered from
the present petitioner. As such, it is an unassailable prosecution
case against the petitioner. He also submits that the petitioner
has similar one criminal antecedent bearing Sakra P.S. Case No.
61 of 2020 registered for the offences punishable under Sections
379, 307 and other allied Sections of the Indian Penal Code.
9. Considering the recovery of stolen property from
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the petitioner and similar criminal antecedent of theft against
him, I am not persuaded to enlarge the petitioner on bail.
10. Accordingly, the prayer for bail of the petitioner
stands rejected.
11. However, the Trial Court is directed to conclude
the trial expeditiously preferably within one year, failing which,
the petitioner would be at liberty to renew his prayer for bail.
(Jitendra Kumar, J)
S.Ali/-
U T
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