Patna High Court
Md. Karu @ Saiyed @ Sahid KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 379
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
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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
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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/-
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