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Patna High Court

Mohammad Kalu @ Mohammad FirojversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner was identified through a co‑accused’s confession and CCTV evidence and had pending criminal antecedents.

Summary

The petitioner, Mohammad Kalu (alias Mohammad Firoj), sought anticipatory bail in connection with a case (PS. Case No. 175 of 2025) alleging theft of temple articles under Sections 303(2) and 334 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that unknown persons looted brass items from several temples, and the petitioner’s name was linked to the crime through a co‑accused’s confessional statement and identification in CCTV footage. The petitioner argued he was not named in the FIR and maintained his innocence, though he has two pending criminal cases. The State opposed bail, emphasizing the confession‑based identification and the petitioner’s criminal antecedents. The court, finding the material sufficient to justify detention, declined to grant anticipatory bail, thereby rejecting the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when his identification is based on a co‑accused’s confession and CCTV footage, and he has pending criminal cases.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • temple robbery
  • confessional statement
  • CCTV identification
  • criminal antecedent
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26992 of 2026
                  Arising Out of PS. Case No.-175 Year-2025 Thana- BRAHMPURA District- Muzaffarpur
                 ======================================================
                 Mohammad Kalu @ Mohammad Firoj S/o Mohammad Masu R/o Mahalla -
                 Mehadi Hasan Chowk, P.S. - Brahmpura, Distt. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dheeraj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Brahmpura P.S. Case No. 175 of 2025 lodged on

                   10.07.2025, for the offence punishable under Sections 303(2) &

                   334 of the Bharatiya Nyaya Sanhita, 2023, pending in the Court

                   of J.M.F.C., Muzaffarpur.

                                3. As per the prosecution, FIR has been lodged against

                   unknown persons with allegation that they entered in a temple

                   and looted several articles from the temple like, brass bell of

                   hanumanji temple, brass bell in front of mataji temple, brass

                   chatri inside the santoshi mata temple and also some articles

                   from the store room.

                                4. Learned counsel for the petitioner submits that the
             Patna High Court CR. MISC. No.26992 of 2026(2) dt.22-04-2026
                                                         2/2




                       petitioner is innocent and has committed no offence. Counsel

                       submits that the petitioner is not named in the FIR and his name

                       has figured in this case on the basis of confessional statement of

                       the co-accused. He further submits that the criminal antecedent

                       of the petitioner is not clean as there are two cases pending

                       against him.

                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that the petitioner's name has

                       surfaced in this case on the basis of confessional statement of

                       the co-accused and the petitioner was also identified in the

                       CCTV footage.

                                    6. As such, in the present facts and circumstances of

                       the case, this Court is not inclined to grant bail to the petitioner.

                       Accordingly, the prayer for anticipatory bail of the petitioner

                       stands rejected.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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