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Patna High Court

Idrish @ Nanka @ Md. NehalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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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