Patna High Court
Md. Asraf @ Md. AshrafversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that pre‑arrest bail could not be granted and dismissed the bail petition.
Summary
The petitioner, Md. Asraf, sought pre‑arrest bail after being implicated in a case registered under Sections 457, 382 and 34 of the Indian Penal Code for allegedly entering an informant's house and taking Rs. 2 lakh. He contended that he is innocent, has a clean antecedent, and that the FIR was lodged after an eight‑day delay, casting doubt on the prosecution's case. The State argued that the petitioner was positively identified by the informant and others. The court examined the seriousness of the offences and the material on record, including the identification and the nature of the alleged theft. Concluding that the circumstances did not warrant bail, the court rejected the petitioner's prayer for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving Sections 457, 382 and 34 IPC.
- Whether the eight‑day delay in filing the FIR undermines the prosecution's case sufficiently to grant bail.
- Whether identification by the informant and others is sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 34, 382, 457
Subjects
- pre‑arrest bail
- Indian Penal Code
- Theft
- Robbery
- Identification
- FIR delay
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1042 of 2026
Arising Out of PS. Case No.-119 Year-2024 Thana- AMDABAD District- Katihar
======================================================
Md. Asraf @ Md. Ashraf S/O Shek Nasruddin R/O Vill.- Paschim Tola, P.S-
Amdabad, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Singh, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in connection with
Amdabad P.S. Case No. 119 of 2024 registered for the offences
punishable under Sections 457, 382 and 34 of the Indian Penal
Code.
3. As per the prosecution case, this petitioner along
with one other accused person, entered into the house of
informant and took away cash of Rs. 2 lacs.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. F.I.R. has
been lodged after inordinate delay of eight days which itself
raises doubt over veracity of the prosecution case. Petitioner
claims clean antecedent.
5. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.1042 of 2026(2) dt.22-01-2026
2/2
for bail and submits that petitioner has been identified by the
informant and others.
6. Considering the nature of accusation and materials
available on record, prayer for pre-arrest bail of the petitioner is
rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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