Patna High Court
Md. Sharique @ Md. Sharque Khan @ Md. Sharique Khan @ Md. SadiqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Indian Penal Code — s. 147, 148, 149, 201, 302
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
Checking your session…