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Patna High Court

Md. Allauddin @ Solai @ Mohammad Allauddin @ SholeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the anticipatory bail application, holding that the case was not fit for such relief.

Summary

The petitioner, Md. Allauddin, sought anticipatory bail fearing arrest in a 2016 case (PS No. 158) filed under Sections 401, 413, 414, 467 and 468 of the Indian Penal Code for alleged theft and related offences. The prosecution alleged that the petitioner committed theft after conducting reconnaissance, and a self‑inculpatory statement of another accused named the petitioner. The petitioner’s counsel argued innocence despite a prior criminal antecedent, while the State opposed bail on the basis of the incriminating statement. The Court held that the presence of a self‑inculpatory statement made the case unsuitable for anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was directed to surrender within four weeks to seek regular bail, failing which the police would arrest him.

Issues considered

  • Whether anticipatory bail should be granted when a self‑inculpatory statement of another accused implicates the petitioner
  • Whether the allegations under Sections 401, 413, 414, 467 and 468 IPC justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Theft
  • Indian Penal Code
  • self‑inculpatory statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90947 of 2025
                   Arising Out of PS. Case No.-158 Year-2016 Thana- LALIT NARAYAN UNIVERSITY
                                                   District- Darbhanga
                 ======================================================
                 Md. Allauddin @ Solai @ Mohammad Allauddin @ Sholey S/O Mohammad
                 Jamaluddin @ Md Bhola R/o Village Mohammadpur Deopar, P.S- Pusa,
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Bijay Bhushan Prasad, Advocate
                 For the Opposite Party/s :    Mr.Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with LNMU P.S. Case No. 158 of 2016 instituted under

                   Sections 401, 413, 414, 467, 468 of the Indian Penal Code.

                                3. As per the prosecution case, the petitioner is

                   alleged to have committed theft in a house. The petitioner is

                   alleged to have carried out reconnaissance before the theft.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has one criminal antecedent.

                                5. Learned APP for the State has opposed the prayer

                   for anticipatory bail of the petitioner on the ground that the
              Patna High Court CR. MISC. No.90947 of 2025(2) dt.28-01-2026
                                                          2/2




                        name of the petitioner has come in the self-inculpatory

                        statement of one accused who was apprehended at the place of

                        occurrence.

                                     6. Considering the aforesaid facts, this is not a fit

                        case for grant of anticipatory bail.

                                     7. Accordingly, the application stands dismissed.

                                     8. The petitioner is directed to surrender within four

                        weeks from today and pray for regular bail, failing which the

                        Superintendent of Police, Darbhanga will take all steps for arrest

                        of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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