Patna High Court
Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ IshtiyaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 303(2), 317(2), 317(4), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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.
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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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