Patna High Court
EjajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no specific allegation against him in the FIR.
Summary
The petitioner, Ejaz, filed an anticipatory bail application fearing arrest in a case (Thakurganj P.S. Case No. 174 of 2025) involving alleged robbery, extortion, and theft of cattle, charged under several sections of the B.N.S. and the Prevention of Cruelty to Animals Act. The prosecution alleged that a group of persons intercepted a cattle transport, stole money, locked the driver, demanded a ransom, and seized the cattle, naming the petitioner as one of the accused. The petitioner contended that he was falsely implicated, that the FIR contains no specific allegation against him, and pointed to prior anticipatory bail orders granted to co‑accused in related matters. The State opposed the bail. After hearing both sides, the court decided to grant anticipatory bail to the petitioner, subject to a bail bond of Rs. 10,000 with two sureties, a surrender within four weeks, and a condition that he not commit similar offences, invoking Section 482(2) of the B.N.S.S. for the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions despite the serious nature of the offences alleged.
- Whether the allegations in the FIR specifically implicate the petitioner, justifying denial of bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 303(2), 308(2), 308(5), 3(5), 352
- B.N.S.S. — s. 482(2)
- Prevention of Cruelty to Animals Act — s. 11(1)(I)
Subjects
- anticipatory bail
- criminal procedure
- robbery
- extortion
- cattle theft
- Prevention of Cruelty to Animals Act
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8332 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- THAKURGANJ District- Kishanganj
======================================================
Ejaj S/O Md Ataur Rahman Resident of Vill.- Duadangi Lohagara, P.S-
Bahadurganj, Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Thakurganj P.S. Case No. 174 of 2025 instituted for the offence
under Sections 126(2), 127(2), 115(2), 308(2), 308(5), 303(2),
352 and 3(5) of B.N.S. and Section 11(1) (I) of Prevention of
Cruelty to Animals Act.
3. The case of the prosecution, in short, is that while
the informant was carrying cattle on a truck, he was intercepted
by 10-12 persons on three cars and it is alleged that they took
Rs. 1500/- from his pocket, locked him in a room near toll plaza
and demanded Rs. 1 Lakh as randari. It is further alleged that
the accused persons were naming this petitioner and one Jawarul
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Sarpanch. From the perusal of the F.I.R., it is also clear that the
accused persons have also taken away the cattle from the truck.
When the owner of the cattle was informed, he informed the
police whereupon, the police arrived and the cattle were
recovered from the village.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. From perusal of the F.I.R., it is clear that there is no
specific allegation against the petitioner. It has also been
submitted that the person from whose possession, cattle were
recovered, has been granted anticipatory bail by learned Co-
ordinate Bench vide Cr. Misc. No. 91343 of 2025. Similarly co-
accused has been granted bail by this court in Cr. Misc. No. 1373
of 2026.
Learned APP for the State has opposed the prayer of
bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail with a
condition that the petitioner shall not indulge in similar
nature of offence in future. The petitioner is directed to
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surrender in the Court below within a period of four weeks from
today and in the event of his arrest or surrender in connection
with Thakurganj P.S. Case No. 174 of 2025, he will be enlarged
on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Kishanganj subject to the
conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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