Supreme Court Expresses Shock Over Bihar Police Asking Accused To Prove His Innocence During Interrogation

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Case Title: Md Tauhid vs State of Bihar

A bench of Justices Abhay S Oka and Ujjal Bhuyan expressed their shock over Bihar Police asking the accused to prove his innocence during interrogation.
The bench presided over an appeal contesting a Patna High Court ruling from October 2023 that denied the accused anticipatory bail.

Subsequently, the bench acknowledged the appeal and provided the appellant with interim protection against arrest.

Following this, the Bihar Police presented a counter-affidavit advocating for the accused’s continued detention.
In the affidavit, it was noted that during interrogation, the accused professed innocence but failed to furnish any supporting evidence.

Expressing dissatisfaction with the Bihar Police’s counter-affidavit, the bench proceeded to grant the accused’s plea for anticipatory bail.
The bench said “It is obvious that the Police need the custody of the appellant-Md. Tauhid @ Kallu (accused), not for interrogation but for some other reason … the approach of the Police reflected from paragraph 9 of the counter affidavit, to say the least, is shocking. The Police Officer seems to be under an impression that the accused has to appear before him and prove his innocence”.

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