Modasar @ Modasar Khan @ Modasar Khana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72863 of 2025 Arising Out of PS. Case No.-292 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Modasar @ Modasar Khan @ Modasar Khana S/O Azim Khan Resident of Village- Mauna, P.S.- Nasirganj, Dist.- Rohtas, Bihar-821310 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025
1. 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 the offence punishable under Section 395 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that the truck was intercepted by unknown accused who abducted the owner-cum-driver along with the truck.
4. Learned counsel for the petitioner submits that FIR was instituted against unknown. It is further submitted that Sasaram (Mufassil) P.S. Case No. 293 of 2020 was instituted in which an accused was apprehended who disclosed about the participation of the petitioner in Sasaram (Mufassil) P.S. Case No. 293 of 2020 and in the instant case. It is next submitted that
Patna High Court CR. MISC. No.72863 of 2025(2) dt.12-11-2025 2/3 petitioner is on bail in Sasaram (Mufassil) P.S. Case No. 293 of 2020. It is also submitted that petitioner in the instant case came to be implicated based on the confessional statement of apprehended accused in police custody in a different case which does not have any evidentiary value in the eye of law.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that the instant case is of the year 2020 and Sasaram (Mufassil) P.S. Case No. 293 of 2020 was also of the year 2020 in which the petitioner was apprehended based on the confessional statement but later as submitted was released, as such, the petitioner was aware of his implication in the instant case also but for reasons best known, the petitioner did not surrender or got himself remanded in the instant case when he was in custody in Sasaram (Mufassil) P.S. Case No. 293 of 2020. It is, thus, submitted that if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond.
6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Sasaram (Mufassil) P.S. Case No. 292 of 2020 pending in the Court of learned Chief Judicial Magistrate, Rohtas at
Patna High Court CR. MISC. No.72863 of 2025(2) dt.12-11-2025 3/3 Sasaram/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T