An objection has been lodged by the Supreme Court on an affidavit filed by Bihar Police.
On Thursday, the top court was hearing a petition filed by an accused, in which the order of the Patna High Court was challenged.
It is reported that the police had asked the accused to prove his innocence during interrogation.
Justice Abhay S Oak and Justice Ujjal Bhuiyan were hearing the appeal. According to a report by Bar & Bench, the court said that such an approach cannot be tolerated.
He said, ‘It is clear that the police wanted the custody of the appellant Mohammed Tauheed alias Kallu not for interrogation but for some other reason….’
The court further said, ‘The view of the police in paragraph 9 of the counter affidavit is surprising. It seems that the police officer feels that the accused will have to go before him and prove his innocence.
In fact, the Patna High Court had refused to grant anticipatory bail to the accused in October 2023.
On December 6, a notice was issued by the court on the appeal and interim relief from arrest was given. After this, an affidavit was filed by Bihar Police, in which it was said that the accused should remain in custody.
According to the report, the affidavit stated that the accused had ‘proclaimed his innocence during interrogation, but did not produce any material to support his claim.’
During the hearing, the court did not agree to the affidavit filed by Bihar Police. The court accepted the interim bail plea of the accused.