Akhtari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3002 of 2026 Arising Out of PS. Case No.-29 Year-2024 Thana- SIGAUDI District- Patna ====================================================== 1.

Akhtari Khatoon Wife of Gulab Ansari @ Gulab Miyan Resident of VillageBanauli Khurd, PS -Khiri More District -Patna 2.

Firoj Alam @ Md. Firoj Ansari Son of Gulab Ansari @ Gulab Miyan Resident of Village- Banauli Khurd, PS -Khiri More District -Patna 3.

Jisan Alam @ Md. Jisan Ansari Son of Gulab Ansari @ Gulab Miyan Resident of Village- Banauli Khurd, PS -Khiri More District -Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Sigaudi P.S. Case no.29 of 2024 registered under sections 457, 380 read with 34 of Indian Penal Code.

3. Allegations in the F.I.R is that there was a theft committed in the house of the informant by the accused persons.

4. Learned counsel for the petitioners submits that it would be apparent from the F.I.R itself that name of the petitioners has transpired in this case only on disclosure made by one Ekram Alam, who is the neighbour of the informant that 15 days earlier, he had seen the accused persons including the petitioners fleeing away with stolen articles. Besides this, nothing has come to implicate the present petitioners in the alleged occurrence. It has further been submitted that F.I.R was

Patna High Court CR. MISC. No.3002 of 2026(2) dt.28-01-2026 2/2 lodged after a delay of four days, for which no explanation has been tendered. The petitioners have no criminal antecedent and undertake to co-operate in investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and considering that allegations in the F.I.R are based on vague suspicion and there is no recovery from possession of these petitioners, it is directed that the petitioners, above named having no criminal antecedent, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sigaudi P.S. Case no.29 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T