Patna High Court
Idrish @ Nanka @ Md. NehalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Idrish, applied for anticipatory bail fearing arrest in a case registered under IPC sections 379 (theft), 461 (false evidence), 511 (attempt to insult) and Bihar Excise Act sections 37(b)(c) concerning an alleged shop‑break‑in. The FIR alleged that three accused broke the shop lock, two were apprehended and one identified the petitioner based on an extra‑judicial confession. The petitioner argued that he was falsely implicated, that no theft was proved, and that the co‑accused’s confession had no evidentiary value. The State opposed the bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs 5,000 bond, two sureties and verification of the petitioner’s criminal antecedent, stating that the bail would not be confirmed if more than one prior case is found. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the present case
- Whether the extra‑judicial confession of co‑accused can be the basis for implicating the petitioner
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 37(b), 37(c)
- Bihar Negotiable Sale Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 379, 461, 511
Subjects
- anticipatory bail
- false implication
- extra‑judicial confession
- IPC
- Bihar Excise Act
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21467 of 2026
Arising Out of PS. Case No.-423 Year-2020 Thana- JHAJHA District- Jamui
======================================================
Idrish @ Nanka @ Md. Nehal Son of Kamal Mian R/o Village - Simartarn
Tahba, Police Station - Jhajha, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 379, 461
and 511 of the Indian Penal Code read with Sections 37(b)(c) of
the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case. It is next submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that informant alleges that on 06.12.2020 he closed his
shop and came back home and at around 04:15 AM his nephew
informed that he heard sound of the shop’s lock being broken,
accordingly the informant along with villagers rushed when they
saw three accused with iron rod out of which two accused were
Patna High Court CR. MISC. No.21467 of 2026(4) dt.09-07-2026
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apprehended and one accused fled and the apprehended accused
disclosed the name of the petitioner who fled away, it is also
alleged that apprehended accused were in a drunken condition.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that it is not the case of the
prosecution that any theft was committed in his shop. It is
further submitted that name of the petitioner transpired based on
extra judicial confession of the accused who were apprehended
by the villagers, as such, the same does not have any evidentiary
value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Jhajha
P.S. Case No. 423 of 2020 subject to the conditions as laid down
Patna High Court CR. MISC. No.21467 of 2026(4) dt.09-07-2026
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under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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