Patna High Court
Raseda Begum @ RasedaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the general nature of the accusation and the petitioners’ clean antecedents, anticipatory bail must be granted.
Summary
Raseda Begum and Md. Shamim, owners of a pickup van, were implicated in a case alleging theft of three cows under Sections 303(2) and 317(2) of the B.N.S. The informant claimed the cows were found in their van, but the stolen cattle had already been returned and no incriminating material was recovered from the petitioners. The petitioners asserted their innocence, clean antecedents, and that the accusation was general and omnibus. The State opposed anticipatory bail, but the court considered the lack of evidence, the restoration of the cows, and the petitioners’ clean record. Consequently, the court granted anticipatory bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S. in view of the allegations under Sections 303(2) and 317(2).
Legislation cited
- B.N.S. — s. 303(2), 317(2), 482(2)
Subjects
- anticipatory bail
- theft of cattle
- clean antecedents
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84398 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- Telta District- Katihar
======================================================
1. Raseda Begum @ Raseda W/o- Md. Shamim Resident of Village- Madhepur
PS- Balrampur Dist- Katihar
2. Md. Shamim S/o- Late Md. Suleman Resident of Village- Madhepur PS-
Balrampur Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Radha Mohan Singh, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 303(2) and
317(2) of the B.N.S..
3. As per prosecution case, informant, namely
Mukhtar Alam, alleged that his three cows were stolen at night
and upon search, he found them loaded in a pickup van at
Madhepur village.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have got no concern
Patna High Court CR. MISC. No.84398 of 2025(2) dt.06-01-2026
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with the alleged offence and they have falsely been implicated
in this case merely because Petitioner No. 1 happens to be
registered owner of the pickup van and Petitioner No. 2 happens
to be husband of Petitioner No. 1 and driver of the pickup van.
No incriminating article has been recovered from conscious
possession of these petitioners. As a matter of fact, the stolen
cows have already been restored to the informant. Petitioners
claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Katihar in connection with Telta P.S. Case No. 35 of
2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.84398 of 2025(2) dt.06-01-2026
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the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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