Patna High Court
Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ IshtiyaqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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/-
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