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Patna High Court

Md. Karu @ Saiyed @ Sahid KhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the investigation required custodial interrogation of the petitioners.

Summary

The petitioners, Md. Karu and Md. Munna, applied for anticipatory bail in a theft case (Section 379 IPC) arising from a 2014 incident where a motorcycle was reported stolen. The prosecution’s case is based on a confessional statement of co-accused Md. Aziz Khan, who alleged the petitioners' involvement. The petitioners claimed innocence and alleged false implication, but the court noted their prior criminal antecedents and the material in the confessional statement. The Additional Sessions Judge had already found that custodial interrogation might be necessary. Consequently, the High Court upheld the lower court’s view and refused to grant anticipatory bail, dismissing the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code.
  • Whether the confessional statement of a co-accused and the petitioners' prior criminal antecedents justify denial of anticipatory bail.
  • Whether custodial interrogation is necessary in an ongoing investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Section 379 IPC
  • theft
  • confessional statement
  • custodial interrogation
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18929 of 2026
                   Arising Out of PS. Case No.-434 Year-2014 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
           1.     Md. Karu @ Saiyed @ Sahid Khan S/o Md. Jahir @ Jahir Khan @ Jahir
                  Ansari Resident at Village- Maulananagar (Moulanagar), Surajgaraha, PS-
                  Suryagarha, Distt.- Lakhisarai
           2.    Md. Munna @ Taiyab @ Taibhab Ansari @ Md. Taiyab Ansari S/o Md. Jahir
                 @ Jahir Khan @ Jahir Ansari Resident at Village- Maulananagar
                 (Moulanagar), Surajgaraha, PS- Suryagarha, Distt.- Lakhisarai

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pankaj Kumar
                 For the Opposite Party/s :     Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-04-2026         1. Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Kotwali (Tilkamanjhi) Police Station Case No. 434 of

                            2014, dated 09.07.2014, disclosing offences punishable

                            under Sections 379 of the Indian Penal Code.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 07.07.2014, at about 4 PM, the informant had

                            gone to Jabaripur More for purchasing tyre and he parked

                            his motorcycle outside the shop and when he returned, he

                            found his motorcycle missing.
Patna High Court CR. MISC. No.18929 of 2026(2) dt.16-04-2026
                                            2/3




              4.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case due to ulterior motive. He further submits that

                   the First Information Report has been registered against

                   unknown and the name of the petitioner transpired in this

                   case on the basis of the confessional statement of co-

                   accused Md. Aziz Khan @ Goltan, who has disclosed that

                   the active involvement of the petitioners in the theft of the

                   motorcycle.

              5.   I have heard learned counsel for the parties and have

                   perused the material available on record, including the

                   impugned order.

              6.   From perusal of the impugned order, it transpires that co-

                   accused Aziz Khan @ Goltan, in his confessional

                   statement, has disclosed the active involvement of the

                   petitioners. The petitioners have criminal antecedents of

                   similar nature of offence.

              7.   Considering the above, I do not find any reason to differ

                   with the findings arrived at by the learned Additional

                   Sessions Judge-II, Bhagalpur, inasmuch as the case is

                   under investigation, wherein the custodial interrogation of

                   the petitioners may be necessary based upon the material
            Patna High Court CR. MISC. No.18929 of 2026(2) dt.16-04-2026
                                                        3/3




                               collected by the police during course of investigation. As

                               such, I am not inclined to grant anticipatory bail to the

                               petitioners.

                          8.   This application is, accordingly, dismissed.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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