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Patna High Court

Saheb Ali @ Saheb AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail, holding that the petitioner’s inclusion in the FIR based on co‑accused confessions warrants further investigation and possible custodial interrogation.

Summary

Petitioner Saheb Ali sought anticipatory bail after learning that he was named in FIR No. 195 of 2025 for offences under sections 317(3-5) and 3(5) of the Bhartiya Nyay Sanhita 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The FIR arose from a police raid that recovered weapons and motorcycles and recorded confessions of several co‑accused, whose statements implicated the petitioner. The petitioner contended that no overt act was alleged against him, no stolen property was found in his possession, and he had no criminal antecedent. The court observed that the petitioner’s name was recorded solely on the basis of co‑accused confessions and that the investigation was ongoing, necessitating possible custodial interrogation. Consequently, the court declined to grant anticipatory bail, rejecting the petitioner's application.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is named in the FIR solely on the basis of co‑accused confessional statements.
  • Whether the absence of an overt act or recovery of stolen property from the petitioner’s possession precludes the grant of anticipatory bail.
  • Whether the continuation of investigation and the need for custodial interrogation justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • confessional statements
  • Arms Act
  • Bhartiya Nyay Sanhita
  • investigation
  • custodial interrogation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9273 of 2026
                  Arising Out of PS. Case No.-195 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Saheb Ali @ Saheb Ansari S/O Abbas Miyan @ Abbas Ansari R/O Village-
                 Munja (Bakhri) P.S.- Baikunthpur, Dist.- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjiv Kumar
                                                 Mr. Prasoon Shekhar
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   12-03-2026          1. Heard the parties.

                        2. The petitioner apprehends his arrest in connection with

                   Baikunthpur P.S. Case No. 195 of 2025 dated 01.06.2025

                   registered under section 317(3), 317(4), 317(5), 3(5) of the

                   Bhartiya Nyay Sanhita 2023 as well as section 25(1-B)(a), 26 &

                   35 of the Arms Act.

                        3. As per the F.I.R. on 30.05.2025 during patrolling near

                   Gadhahiya More the Police found three persons riding on a

                   motorcycle coming from the side of Hamidpur. Upon seeing the

                   Police party, they started fleeing away but were arrested by the

                   Police and they disclosed their name as Vivek Kumar, Kamalesh

                   Kumar and Chandan Kumar. Regarding the papers of the

                   motorcyel, none of them gave any satisfactory reply, however,
Patna High Court CR. MISC. No.9273 of 2026(2) dt.12-03-2026
                                            2/3




          Vivek Kumar and Kamalesh Kumar confessed their involvement

          in many offences of theft of bikes and other things. The Police

          team also recovered a “Deshi Katta”, one live cartridge and one

          Pulsar Motorcycle from the house of Vivek Kumar. On the

          confession of Kamalesh Kumar the Police visited the house of

          maternal uncle of Kamalesh Kumar and recovered one “Deshi

          Katta”, one live cartridge and a Hero Honda Splendor

          Motorcycle. Thereafter, the Police team visited the house of

          Saddam Husain and arrested him and on his confession Police

          recovered a Hero Honda Shine Motorcycle. Accordingly, the

          present F.I.R. was lodged against eleven persons including the

          petitioner- Saheb Ali @ Saheb Ansari.

               4. Learned counsel for the petitioner submits that petitioner

          is innocent and he has not committed any offence in the manner

          alleged. He further submits that in the body of the F.I.R. no

          overt act has been alleged against the petitioner, however, in the

          last portion of the F.I.R. only the name of petitioner has been

          mentioned. He next submits that no looted motorcycle and / or

          any theft article has been recovered from the conscious

          possession or premises of the petitioner. The petitioner is having

          no criminal antecedent.

               5. Regard being had to the submission made by the
               Patna High Court CR. MISC. No.9273 of 2026(2) dt.12-03-2026
                                                           3/3




                         petitioner, taking into consideration the fact that from the

                         impugned order it appears that name of the petitioner has

                         transpired on the basis of confessional statement of the co-

                         accused, investigation in the case is still going on, the nature of

                         offence and confessional statement may be the basis of further

                         investigation for which custodial interrogation of the petitioner

                         may be required, accordingly, I am not inclined to grant

                         anticipatory bail to the petitioner. The same is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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