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Patna High Court

Md. Isteyak AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Isteyak Ansari, sought anticipatory bail fearing arrest in a 2017 case involving alleged possession of explosives, mining, and forest contraband. He argued that the motorcycle seized in the operation was his, previously reported stolen, and that he had a clean record. The State opposed the bail, contending the seriousness of the offences under the Explosive Substances Act, Bihar Mines and Minerals Act, and Indian Forest Act. The court noted that the petition arose in 2025 when the petitioner learned of the seizure and that he had already filed a theft FIR. Considering these facts, the court granted anticipatory bail with a cash bond and several conditions, including appearance before the trial court and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the alleged offences under the Explosive Substances Act, Bihar Mines and Minerals Act and Indian Forest Act.
  • Whether the prior theft FIR concerning the motorcycle affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • explosives
  • mining law
  • forest law
  • theft
  • criminal procedure
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90342 of 2025
                  Arising Out of PS. Case No.-218 Year-2017 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Md. Isteyak Ansari S/o Saukat Ansari Resident of Vill- Khurmabad, P.S.-
                 Chenari, Distt- Rohtas at Sasaram
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dharmendra Kumar Singh
                 For the Opposite Party/s :      Mr.Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER
2   15-01-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Sasaram(M) P.S. Case No. 218 of 2017, F.I.R

                   dated 27.02.2017 registered for the offences punishable under

                   Sections 3, 4 of Explosive Substance Act, under Sections 4, 40

                   of Bihar Mines and Minerals Act and under Sections 33, 41, 42

                   of Indian Forest Act.

                               3. According to prosecution case, on the date and time

                   of occurrence, the informant allegedly recovered a huge

                   quantity of explosives along with forest and mining-related

                   articles. It is further alleged that one truck, one tractor and two

                   motorcycles were seized from the spot, and one person was

                   arrested during the operation. On the basis of the said recovery,

                   the present case was registered, for which a First Information

                   Report was lodged.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90342 of 2025(2) dt.15-01-2026
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          merely because the motorcycle, which is said to have been

          missing, for which the petitioner had already registered a case of

          theft, has been found at the place of incidence as per the seizure

          list, which forms part of the instant F.I.R. It is the case of the

          petitioner that the petitioner after lodging of F.I.R with regard to

          the theft of his motorcycle, for the first time in the year 2025

          was informed by the Police that his motorcycle has been found

          at the place of seizure, for which the instant F.I.R is said to have

          been lodged. It is further submitted that petitioner has clean

          incident.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Be that as it may, since the cause of action for

          preferring the anticipatory bail application to this petitioner

          arose in the year 2025, when the petitioner was informed

          regarding the recovery of motorcycle at the place of incidence,

          for which Sasaram(M) P.S. Case No. 218 of 2017 is registered,

          whereas, this petitioner had already made intimation with regard

          to theft of his motorcycle, got a case registered with Chenari

          Police Station, prior to the institution of the case in question, in

          which the motorcycle has been found to be implicated. The

          petitioner undertakes to produce the F.I.R, said to have been

          registered with respect to theft at the time of furnishing of the

          bail bond. Accordingly, this Court is inclined to grant the
Patna High Court CR. MISC. No.90342 of 2025(2) dt.15-01-2026
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          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Rohtas at

          Sasaram in connection with Sasararm(M) P.S. Case No. 218 of

          2017, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita and with other following

          conditions:-

                       (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (iv) the petitioner(s) shall desist from committing any
           Patna High Court CR. MISC. No.90342 of 2025(2) dt.15-01-2026
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                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.

                                  (v) the petitioner(s) shall produce the copy of F.I.R,

                     registered by him for theft of his motorcycle, prior to

                     registration of Sasaram(M) P.S. Case No. 218 of 2017, failure to

                     do the same, the bail bond shall not be accepted.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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