Patna High Court
Iftekhar Alam @ Iftakhar AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail in the theft case.
Summary
The petitioners, Iftekhar Alam and Md. Wakil, were implicated in a theft case (Sections 331(4) and 305 of the B.N.S.) involving gold, silver ornaments and cash worth Rs. 6,50,000. The prosecution’s case rests mainly on the statement of a co‑accused, Nahid Alam, who named the petitioners, while no theft‑in‑process (T.I.P.) report was filed and items recovered from Iftekhar Alam’s house were claimed to belong to him. The petitioners argued that they are innocent, that the recovered items are their own property, and that there is no other evidence against them; they have been in judicial custody since 25‑11‑2025. The State opposed bail, citing prior criminal antecedents of one case against petitioner 1 and two cases against petitioner 2. After considering the lack of substantive evidence, the absence of a T.I.P., and the prolonged custody, the Court decided to grant bail, directing each petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioners under Sections 331(4) and 305 of the B.N.S. in view of the evidence and their prior criminal records
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- theft
- Section 331(4)
- Section 305
- criminal antecedent
- T.I.P.
- co‑accused statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8569 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
======================================================
1. Iftekhar Alam @ Iftakhar Alam, S/o Jamal, R/o Village - Kathalbari, P.S -
Thakurganj, District - Kishanganj
2. Md. Wakil @ Wakil, S/o Md. Ishaque @ Md. Ishak, R/o Village - Shamlal
Bhitta, P.S - Thakurganj, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Jiyapokhar P.S. Case No. 36 of 2025 registered for the
offence punishable under Sections 331(4) and 305 of B.N.S.
3. The case of the prosecution, in short, is that
unknown miscreants have committed theft in the house of the
informant. The informant found that a suitcase containing gold
and silver ornaments and Rs. 15,000/- in cash i.e. total worth Rs.
6,50, 000/- was stolen. It is further alleged that one of the
accused Nahid Alam was apprehended who has disclosed the
name of these petitioners.
Patna High Court CR. MISC. No.8569 of 2026(2) dt.17-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. From perusal of the seizure list it will transpire that from
the house of Iftekhar Alam, petitioner no.1, two bangles of
silver, one silver chain and mobile were recovered. It has further
been submitted that no T.I.P. was conducted of the stolen items
and the recovery which has been made from the house of
petitioner no.1 belongs to him, it is not the stolen article. It has
also been submitted that save and except the statement of the
co-accused Nahid Alam, there is nothing against the petitioners.
They are languishing in judicial custody since 25.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner no. 1 is having criminal antecedent of one case
and petitioner no.2 is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.8569 of 2026(2) dt.17-02-2026
3/3
Chief Judicial Magistrate, Kishanganj in connection with
Jiyapokhar P.S. Case No. 36 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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