Patna High Court
Md. Isteyak AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Explosive Substances Act — s. 3, 4
- Indian Forest Act — s. 33, 41, 42
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
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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
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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
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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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