Patna High Court
Md. Jawed @ Jawed AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that no offence under Section 379 IPC was made out, warranting the grant of anticipatory bail.
Summary
The petitioner, Md. Jawed Ansari, was implicated in a theft case under Sections 379 and 34 of the IPC after an e‑rickshaw was allegedly stolen. He argued that the FIR was lodged a day after the incident, the recovered vehicle was found in an open tin shed accessible to all, and that personal enmity motivated the false accusation, thus no theft offence was established. The State opposed his anticipatory bail application. The court examined the delay, the open‑space recovery, and the lack of criminal antecedent, concluding that the elements of theft were not satisfied. Consequently, the court granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023. The order was pronounced by Justice Smt. Soni Shrivastava.
Issues considered
- Whether the facts constitute an offence punishable under Section 379 IPC.
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC.
- Whether the delay in filing the FIR and alleged personal enmity affect the charge of theft.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 379
Subjects
- anticipatory bail
- theft
- IPC Section 379
- IPC Section 34
- Section 438 CrPC
- personal enmity
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78560 of 2025
Arising Out of PS. Case No.-262 Year-2024 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Jawed @ Jawed Ansari S/O Md Akabar Ansari Resident of Housing
Colony, Rang Bhumi Maidan, Police Station- Khajanchi Hat, Dist.- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
For the Opposite Party/s : Mr. Madhuri Lata, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 379 and 34 of the IPC.
3. As per the prosecution case, the e-rickshaw of
the informant was stolen by three accused persons including the
petitioner.
4. Learned counsel for the petitioner submits that
perusal of the F.I.R itself would indicate that the informant had
lodged the case on the basis of a belief that the three persons
named in the F.I.R must have stolen away his toto. However, the
F.I.R was not lodged promptly but was lodged after a delay of
Patna High Court CR. MISC. No.78560 of 2025(3) dt.21-01-2026
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one day. It has also been submitted that it remains a fact that the
recovery of the toto was made from the petitioner’s tin house
but the said tin shed is an open space which is accessible to all
and on account of some personal enmity and rivalry with regard
to the passengers, the petitioner has been falsely implicated in
the case. The petitioner may have kept the toto at a particular
place from which it was recovered and the same would not lead
to presumption of an offence of theft as contemplated under
Section 379 of the I.P.C.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering that even considering the fact that the
petitioner may have retained the toto of the informant no
offence under Section 379 of the I.P.C seems to have been made
out, petitioner has no criminal antecedent , let the petitioner, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Khajanchi Hat P.S. Case No. 262 of
2024 on furnishing bail bond 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
Patna High Court CR. MISC. No.78560 of 2025(3) dt.21-01-2026
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pending subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023.
(Soni Shrivastava, J)
vashudha/-
U T
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