Md. Ismail @ Md. Esmail v. The State Of Bihar

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 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 2/3

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