Patna High Court
Md. Ismail @ Md. EsmailversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Md. Ismail, sought anticipatory bail after learning that he might be arrested in a robbery case punishable under Sections 309(4) and 311 of the B.N.S. The alleged offence involved three unknown assailants who, at gunpoint, stole gold ornaments, cash and a mobile phone on 08.08.2025. The petitioner was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Ezaz, who claimed to have bought the looted mobile phone from the petitioner. No looted articles were recovered from the petitioner and there was no other material linking him to the crime. The State opposed the bail, arguing that the investigation had identified the petitioner. The Court, considering the seriousness of the offence and the evidentiary material, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the only link to the petitioner is a co‑accused's confessional statement and no material evidence is found against him.
Legislation cited
- B.N.S. — s. 309(4), 311
Subjects
- anticipatory bail
- confessional statement
- robbery
- lack of evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7852 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Md. Ismail @ Md. Esmail S/o Md. Answar @ Aano Resident of Phulwaria
Bazar, Reena Nagar, P.S- Phulwaria, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raj Kumar, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 309(4) and
311 of the B.N.S..
3. The prosecution case, in brief, is that on
08.08.2025 at about 8:25 PM, when the informant was going to
his sister’s house along with his sister, in the meantime, three
unknown miscreants intercepted them and on the point of pistol,
snatched gold ornaments and a hand bag containing Rs. 10,000/-
cash, mobile phone and a sim card.
Patna High Court CR. MISC. No.7852 of 2026(2) dt.20-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired during investigation only on the
basis of confessional statement of co-accused Ezaz from whose
possession, the looted mobile phone was recovered and who
stated that he purchased the said mobile phone from this
petitioner. Save and except confessional statement, there is no
material on record to show the complicity of this petitioner in
the alleged occurrence. No looted articles were recovered from
possession of this petitioner. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that name of petitioner transpired
during investigation. During investigation, one Md. Ezaz was
apprehended with the looted mobile phone and he disclosed that
he had purchased the same from this petitioner.
6. Considering the facts and circumstances of the
case, materials that have surfaced during investigation and
gravity of offence, the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.7852 of 2026(2) dt.20-02-2026
3/3
petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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