Patna High Court
Zeyaul Rahman @ Zeyaul AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail should be granted subject to the stipulated conditions.
Summary
The petitioner, Zeyaul Rahman, sought anticipatory bail in a case (PS No. 624 of 2023) alleging theft of a motorcycle under IPC sections 413, 414 and 34. He claimed the motorcycle was purchased by him and that he was falsely implicated, asserting he works abroad in the Gulf and has a clean antecedent. The State opposed the bail. The Court, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the anticipatory bail application, imposing a bail bond of Rs.10,000 with two sureties and requiring the petitioner to produce proof of his Gulf employment within four weeks. If the proof is not produced, the bail will be cancelled. The order thus grants conditional anticipatory bail pending the petitioner’s surrender or arrest.
Issues considered
- Whether anticipatory bail can be granted in a theft case under IPC sections 413, 414 and 34.
- Whether the petitioner’s claim of foreign employment and clean antecedent justifies the grant of bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 413, 414
Subjects
- anticipatory bail
- theft
- motorcycle
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- Gulf employment
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81278 of 2025
Arising Out of PS. Case No.-624 Year-2023 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Zeyaul Rahman @ Zeyaul Ansari Son of Late Anwar Hussain @ Anwar
Ansari Resident of Village - Bindusar, Police Station - Mahadeva O.P.,
District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Nath Dubey, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Siwan Muffasil Mahadeva O.P. P.S. Case No.
624 of 2023 registered for the offence under Sections 413,
414/34 of I.P.C.
3. As per the prosecution case, petitioner is alleged
to have stolen a motorcycle.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner had purchased the motorcycle
since it was a stolen motorcycle, he has falsely been implicated
in this case. Petitioner is working in Gulf country and has clean
antecedent.
Patna High Court CR. MISC. No.81278 of 2025(4) dt.26-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Siwan/
concerned Court below in connection with Siwan Muffasil
Mahadeva O.P. P.S. Case No. 624 of 2023, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that at the time
of furnishing bail bond, the petitioner will produce the
documents to show that he has been working in a Gulf country
and if the court below finds that he is working there, his bail
bond will be accepted otherwise the bail bond of the petitioner
will be cancelled and he shall be taken into custody.
(Sandeep Kumar, J)
tusharika/-
U T
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