Md. Ishtiyaque Anjum @ Ishtiyaque Anjum @ Ishtiyaque v. The State Of Bihar
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 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
2/4 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
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.
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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