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Patna High Court

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

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender, bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Ishtiyaque Anjum, applied for anticipatory bail fearing arrest in a theft case (Rauta P.S. Case No. 243 of 2024) involving alleged theft of twelve sacks of rice. The prosecution alleged that the rice was recovered from a co‑accused’s godown and that the petitioner’s name appeared in the co‑accused’s confessional statement, but no material was found on the petitioner himself. The petitioner’s counsel argued that he was falsely implicated and that there was no direct evidence against him. The State opposed the bail, contending the seriousness of the offences under Sections 334(1), 303(2), 317(2) & 3(5) of the B.N.S.S. After hearing both sides, the Court decided to enlarge the petitioner on bail, directing him to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order effectively grants anticipatory bail pending further proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged theft and related offences.
  • Whether the material evidence, including the co‑accused’s confessional statement, is sufficient to justify denial of bail.

Legislation cited

  • B.N.S.S. — s. 303(2), 317(2), 334(1), 3(5), 482(2)

Subjects

  • anticipatory bail
  • theft
  • confessional statement
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9879 of 2026
                         Arising Out of PS. Case No.-243 Year-2024 Thana- RAUTA District- Purnia
                 ======================================================
                 Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ Ishtiyaque S/O Ali Asgar R/O
                 Village- Dohomani, P.S- Rauta, Distt.- Purnea.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Helal Ahmad, Advocate
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Rauta P.S. Case No. 243 of 2024 instituted for the offence under

                   Sections 334(1), 303(2), 317(2) & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   informant who is the in-charge head master (maulvi) of the

                   Madarsa found that twelve sacks of rice were stolen from the store

                   room of Madarsa. It is further alleged that during the course of

                   search, the stolen sacks of rice were recovered from the godown of

                   one Abdul Hamid.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
            Patna High Court CR. MISC. No.9879 of 2026(2) dt.26-02-2026
                                                        2/2




                      offence. He has been falsely implicated in this case. Learned

                      counsel for the petitioner has submitted that nothing has been

                      recovered from the possession of the petitioner. The name of this

                      petitioner has surfaced in the confessional statement of Abdul

                      Hamid. Save and except the confessional statement of co-accused,

                      there is nothing against the petitioner.

                                   5. Learned APP for the State has opposed the prayer of

                      bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail. The petitioner is

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of his arrest or surrender in

                      connection with Rauta P.S. Case No. 243 of 2024, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Purnea, subject to

                      the conditions as laid down under section 482(2) of B.N.S.S.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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