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Patna High Court

Md. Sharique @ Md. Sharque Khan @ Md. Sharique Khan @ Md. SadiqueversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the extra‑judicial confession and accompanying evidence justified the rejection of the petition for anticipatory bail.

Summary

The petitioner, Md. Sharique Khan, sought anticipatory bail in a case involving offences under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code relating to the murder of a child. The FIR was based on a viral video and the testimony of an informant who, after apprehending a co‑accused, obtained a confession naming the petitioner as a participant in the assault. The petitioner argued that he was a different individual from the person named in the FIR and that only two confessional statements existed against him, asserting his clean antecedents and educational background. The State contended that the extra‑judicial confession before the police, coupled with the post‑mortem report, established prima facie involvement of the petitioner. The court held that the extra‑judicial confession and supporting material were sufficient to deny anticipatory bail, and consequently rejected the petition.

Issues considered

  • Whether an extra‑judicial confession made before the police can be relied upon to deny anticipatory bail.
  • Whether the material on record establishes a prima facie case against the petitioner under the IPC offences.
  • Whether the petitioner is entitled to anticipatory bail despite the alleged involvement in the assault and murder.

Legislation cited

Subjects

  • anticipatory bail
  • extra‑judicial confession
  • Indian Penal Code
  • murder
  • assault
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31905 of 2025
                        Arising Out of PS. Case No.-73 Year-2024 Thana- CHAKAND District- Gaya
                 ======================================================
                 Md. Sharique @ Md. Sharque Khan @ Md. Sharique Khan @ Md. Sadique
                 son of Md. Shahid Prawez Khan Village - 148 Aliganj, Road no 4, Madarsa
                 Gali, P.S.-Rampur, District -Gaya
                                                                             ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md. Kamaluddin, Advocate
                 For the Opposite Party/s :       Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

8   06-01-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Chakand P.S. Case

                   No. 73 of 2024 registered for the offences punishable under

                   Sections 147, 148, 149, 302, 201 of the Indian Penal Code,

                   pending in the court of learned A.C.J.M. - Xth, Gaya.

                             3. As per FIR, informant identified the place of

                   occurrence through viral video where his son was brutally

                   assaulted by several persons and when he visited the place of

                   occurrence alongwith several persons, one of the persons

                   started to ran away namely, Md. Arman, son of Md. Allauddin,

                   who upon arrest by informant and his relatives, accepted
Patna High Court CR. MISC. No.31905 of 2025(8) dt.06-01-2026
                                            2/3




          before them that he alongwith this petitioner and other named

          and unknown accused persons assaulted his son leading to his

          death.

                   4. Learned counsel appearing on behalf of the

          petitioner submitted that as per FIR, the accused who named

          as Sadique was shown the resident of place Mirzagalib, but

          this petitioner is the resident of Aliganj, Road No. 4, Madarsa

          Gali, Gaya, and therefore, both are different persons. It is

          submitted that said apprehended co-accused Md. Arman was

          later on handed over to Police, who, upon police confession,

          also named this petitioner. It is submitted that save and

          except these two confessional statements nothing available

          against this petitioner. While concluding argument, it is

          submitted that petitioner is a man of clean antecedent and he

          is an engineering graduate.

                   5. Learned A.P.P. for the State, while opposing the

          prayer of anticipatory bail of the petitioner, submitted that the

          informant and others chased and apprehended the co-accused

          Md. Arman who disclosed the name of this petitioner. It is a

          sort of extra-judicial confession which was not made before
           Patna High Court CR. MISC. No.31905 of 2025(8) dt.06-01-2026
                                                       3/3




                     the police and, same cannot be outrightly ignored, suggesting

                     prima facie involvement of petitioner with the present crime in

                     question. It is submitted that even from the confessional

                     statement which was made before the police, it appears that

                     this petitioner has actively involved in assaulting the deceased

                     by using iron pipe. It is further pointed out by learned A.P.P.

                     that post-mortem report also suggests that due to serious

                     physical assault, the son of the informant died.

                              6. In view of aforesaid factual submission as the

                     implication of petitioner involved out of extra-judicial

                     confession not only on the basis of confessional statement

                     made before the police, as submitted aforesaid, accordingly,

                     the prayer of anticipatory bail of the petitioner is hereby

                     rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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