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Patna High Court

Md. ImamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the nature of the accusation warranted denial of the relief.

Summary

The petitioner, Md Imam, sought anticipatory bail after being implicated in a case under Sections 316(2), 318(4) and 303(2) of the B.N.S., 2023 for allegedly loading 11,785 kg of aluminum scrap onto his truck, selling it and fleeing. He contends he is innocent, asserting that the truck was looted by miscreants en route and that he had lodged a complaint at Bijdhari police station, which was not registered. The State’s counsel argued that the FIR specifically accuses the petitioner of selling the scrap and that investigation material shows his complicity. The court examined the nature of the accusations and the material on record. Considering the seriousness of the allegations, the court rejected the petitioner's prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 316(2), 318(4) and 303(2) of the B.N.S., 2023.

Legislation cited

Subjects

  • anticipatory bail
  • theft
  • aluminum scrap
  • criminal procedure
  • Sections 316 318 303
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90398 of 2025
                   Arising Out of PS. Case No.-451 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Md. Imam Son of Md. Kalam Resident of Village -Mahna Tara PS- Motipur
                 Distt -Muzaffarpur
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar
                 For the Opposite Party/s :       Mr.Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 316(2), 318(4),

                   303(2) of the B.N.S., 2023.

                                3. As per F.I.R.,         this petitioner loaded 11785 kg

                   aluminum scrap of informant worth Rs. 24,30,208.23 on his six-

                   wheeler vehicle, which was to be transported to Delhi, but

                   petitioner sold all the aluminium scrap and fled away.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is owner of the said truck, on which, aluminium scrap was

                   loaded. As a matter of fact, the alleged vehicle was looted by

                   some miscreants on way near Bijdhari police station and

                   petitioner went to Bijdhari police station to lodge an F.I.R., but
           Patna High Court CR. MISC. No.90398 of 2025(2) dt.19-01-2026
                                                       2/2




                     the same was not registered and only on suspicion, petitioner

                     has been made accused in this case.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail and submits that petitioner is named in the F.I.R. with

                     specific accusation that he sold the aluminium scrap and fled

                     away. During investigation also, sufficient material has come

                     against petitioner, which shows his complicity in the alleged

                     occurrence.

                                  6. 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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