Patna High Court

Md. Khushi Alam @ Khosi AlamversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the seriousness of the accusation and the traceless nature of the stolen articles did not merit such relief.

Summary

The petitioner, Md. Khushi Alam, sought anticipatory bail after his name was implicated in an FIR for an alleged robbery involving firearms, where four unknown persons looted mobile phones and motorcycles. The investigation linked the petitioner as an associate of a co-accused, Md. Gulab, through a confessional statement, though the stolen items remain unrecovered. The petitioner feared arrest under Section 309(6) of the Bharatiya Nyaya Sanhita. The court examined whether the seriousness of the alleged offence and the absence of recovered stolen property warranted granting anticipatory bail. Considering the nature of the accusation and the fact that the loot was still traceless, the court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita given the nature of the alleged offence and the status of the stolen articles.

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(6)

Subjects

anticipatory bail
Section 309
Bharatiya Nyaya Sanhita
theft
robbery
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84479 of 2025
                   Arising Out of PS. Case No.-112 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Md. Khushi Alam @ Khosi Alam, S/o Vali Mohammad @ Oli Mohammad,
                 R/o village - Olipur, ward no. 8, P.S.- Mahindwara, Dist. -Sitamarhi


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Virendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   15-01-2026                      Heard learned counsel for the petitioner and

                   learned counsel for the State.

                                    2. Petitioner apprehends arrest in case registered

                   for the offence punishable under Section 309(6) of the Bharatiya

                   Nyaya Sanhita.

                                    3. As per F.I.R., four unknown miscreants, on the

                   point of pistol, looted mobile phones and motorcycles of the

                   informant and the other villager. Name of the petitioner surfaced

                   during course of investigation in confessional statement of co-

                   accused Md. Gulab, who named this petitioner as one of his

                   associates. The looted articles are still traceless.

                                    4. Considering the nature of accusation and the

                   looted article is still traceless, prayer for anticipatory bail of the
            Patna High Court CR. MISC. No.84479 of 2025(3) dt.15-01-2026
                                                        2/2




                      petitioner is refused.

                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T

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