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Patna High Court

Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ IshtiyaqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to strict conditions, under Section 438(2) CrPC read with Section 482(2) B.N.S.

Summary

The petitioner, Md. Ishtiyaque Anjum, was implicated in a theft of rice from a school store, alleged under Sections 303(2), 317(2), 317(4) and 3(5) of the B.N.S. The prosecution’s case relied on the confessional statements of two arrested co‑accused who named the petitioner as the mastermind. The petitioner contended that he was falsely implicated, had no role in the theft, and only possessed a prior criminal record. He applied for anticipatory bail, which the State opposed. The High Court, considering the presence of the petitioner’s name in the co‑accused statements but also his claim of false implication and the pending verification of his antecedents, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. The order emphasized that the bail conditions must be complied with and that any breach could lead to cancellation.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite the allegations and his prior criminal antecedent
  • Whether the confessional statements of co‑accused are sufficient to deny anticipatory bail
  • Applicability of Section 438(2) CrPC and Section 482(2) B.N.S. in the present case

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • false implication
  • criminal antecedent
  • Section 438 CrPC
  • Section 482 B.N.S.
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9700 of 2026
                          Arising Out of PS. Case No.-2 Year-2025 Thana- RAUTA District- Purnia
                 ======================================================
                 Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ Ishtiyaque Son of Ali Asgar
                 Resident of Village- Dohomani, P.S.- Rauta, District- Purnea

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md. Helal Ahmad
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Rauta P.S. Case No. 02 of 2025 dated 03.01.2025

                   registered for the offences punishable under Sections 303(2),

                   317(2), 317(4) and 3(5) of the B.N.S.

                                3. The prosecution case is to the effect that the

                   informant has alleged that he came to know that lock of the

                   store was broken and the rice kept for mid day meal was found

                   to be missing. It is further alleged that the police intercepted the
Patna High Court CR. MISC. No.9700 of 2026(2) dt.24-02-2026
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          vehicle and apprehended two persons who disclosed their names

          as Dilshad and Naved Alam and on inquiry, they disclosed that

          their leader was the petitioner who was instrumental in the rice

          being stolen from the said store of the school.

                       4. The learned counsel for the petitioner submits that

          petitioner has falsely been implicated at the behest of the local

          persons however he has no role to play in the said theft of the

          rice. It has further been submitted that admittedly, the rice was

          stolen by two persons, namely, Dilshad and Naved Alam who

          were apprehended along with the rice and only to settle personal

          score, the name of the petitioner has been given in the F.I.R. It

          has lastly been submitted that the petitioner has one criminal

          antecedent and the application for anticipatory bail is pending.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and taking into account the fact that the name of the petitioner

          has surfaced in the confessional statement of the apprehended

          accused persons, the petitioner, above named, is directed to be

          released on anticipatory bail, in the event of arrest or surrender

          before the Court below within a period of four weeks from

          today, on furnishing bail-bond of Rs. 10,000/-(Rupees Ten
Patna High Court CR. MISC. No.9700 of 2026(2) dt.24-02-2026
                                            3/4




          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Rauta P.S. Case No.

          02 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the

          above mentioned order shall not be delayed for purpose of or in

          the name of verification.
           Patna High Court CR. MISC. No.9700 of 2026(2) dt.24-02-2026
                                                       4/4




                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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