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Patna High Court

Md. Imam Ali @ SamsirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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