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Patna High Court

Zeyaul Rahman @ Zeyaul AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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