Patna High Court

Idgar Khan @ Md Idgar KhanversusThe State of Bihar

Decided: 2 July 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the nature of the accusations did not merit its grant.

Summary

The petitioner, Idgar Khan, sought anticipatory bail after police linked him to a theft and robbery case involving the theft of a mobile phone, with the FIR dated 16‑10‑2022. The investigation led to the recovery of the stolen mobile from the petitioner’s in‑laws’ house, and the petitioner was named as a suspect under IPC Sections 356 (rioting), 379 (theft), 411 (dishonest misappropriation of property), and 120B (criminal conspiracy). The petitioner feared arrest and therefore applied for anticipatory bail under the Criminal Procedure Code. The High Court, after hearing counsel, considered the seriousness of the offences and the evidentiary material recovered. It concluded that the nature of the accusations warranted denial of anticipatory bail and rejected the petition.

Issues considered

Whether the petitioner is entitled to anticipatory bail under CrPC Section 438 in view of the alleged offences under IPC Sections 356, 379, 411 and 120B.

Legislation cited

Criminal Procedure Code — s. 438
Indian Penal Code — s. 120B, 356, 379, 411

Subjects

anticipatory bail
CrPC Section 438
IPC theft
IPC robbery
criminal conspiracy
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.31386 of 2026
                         Arising Out of PS. Case No.-433 Year-2022 Thana- SABAUR District- Bhagalpur
                    ======================================================
                    Idgar Khan @ Md Idgar Khan S/O Ananim Khan Resident of Village-
                    Mahajan Toli, P.S.- Rajmahal, District- Sahibgunj.
                                                                              ... ... Petitioner/s
                                                       Versus
                    The State of Bihar
                                                                       ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Swapnil Kumar Singh
                    For the Opposite Party/s :       Mr.Ganesh Prasad Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      02-07-2026                  Heard learned counsel for the petitioner and State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 356, 379, 411,

                      120B of the Indian Penal Code.

                                   3. As per F.I.R., on 16.10.2022 at 4 PM, the informant

                      went to market to purchase vegetables, in the meantime,

                      someone snatched his mobile from his pocket and ran away.

                      During course of investigation, one person was apprehended,

                      who disclosed the name of petitioner, who fled away with stolen

                      mobile. Thereafter, police conducted raid and recovered mobile

                      of informant from the house of in-laws of petitioner.

                                   4. Considering the nature of accusation, the prayer

                      for anticipatory bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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