Patna High Court
Md. Imam Ali @ SamsirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners under Section 438(2) of the Code of Criminal Procedure.
Summary
The petitioners, Md. Imam Ali and Rahmat Ali, were implicated in a case registered under Sections 411, 379 and 413 of the Indian Penal Code for the alleged theft of high‑mask lights from a temple. The prosecution’s case is based solely on the confessional statement of a co‑accused who was apprehended at the scene, and no incriminating material was recovered from the petitioners. The petitioners asserted that they have a clean antecedent and that the evidence against them is tenuous. They applied for bail fearing arrest, invoking Section 438(2) of the Code of Criminal Procedure. The Court, after considering the lack of direct evidence and the petitioners’ clean record, granted bail on the condition of a Rs.10,000 bond with two sureties, subject to the usual conditions of Section 438.
Issues considered
- Whether bail should be granted to the petitioners under Section 438 CrPC given the nature of the offences and the evidentiary basis of the prosecution’s case.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 379, 411, 413
Subjects
- bail
- Section 438
- co‑accused confession
- theft
- misappropriation
- clean antecedent
- Sitamarhi
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14097 of 2026
Arising Out of PS. Case No.-152 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
1. Md. Imam Ali @ Samsir S/O Taiyab Ali R/O Vill.- Parsauni Malwar, P.s.-
Parsauni, Dist.- Sitamarhi.
2. Rahmat Ali @ Md. Lucky @ Haidar Ali S/O Taiyab Ali R/O Vill.- Parsauni
Malwar, P.s.- Parsauni, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The petitioners apprehend arrest in a case registered
for the offence punishable under sections 411,379,413 of the
Indian Penal Code.
3. As per prosecution case, the informant alleged that
high mask light were installed at several places and then
informant got to know that 30 pieces of light were missing. On
02.03.2023, he received information that some people were
removing the light. On raid, one person was apprehended who
then disclosed the name of these petitioners.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.14097 of 2026(2) dt.27-04-2026
2/2
submits that the name of the petitioners has come in this case
during course of investigation on the basis of confessional
statement of co-accused who was apprehended on the spot while
removing light mast from the temple. No incriminating article
has been recovered from the conscious possession of the
petitioners. Petitioners claim clean antecedent.
4. Considering the aforesaid facts of the case, prayer
for bail of the petitioners is allowed. In the event of
arrest/surrender within six weeks from today, let the petitioners,
mentioned above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Sitamarhi
in Sitamarhi Police Station Case No. 152 of 2023, subject to the
conditions laid down under section 438(2) of the Code of
Criminal Procedure.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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