Jakir Miyan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Jakir Miyan Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the learned trial Court within four weeks of the order, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class, Motihari, East Champaran/concerned Court, subject to the conditions laid down under Section 482(2) of the BNSS, in connection with Darpa P.S. Case No. 62 of 2024.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Darpa P.S. Case No. 62 of 2024 registered under IPC Sections 147, 149, 341, 323, 354B, 324, 325, 307, 379, 504, 506, is entitled to be released on bail in the event of his arrest or surrender.

Court's answer

Taking note of the factual submissions, the Court found that the allegation of assault prima facie did not appear available against the petitioner, and that police after investigation had submitted a charge-sheet qua petitioner.

Ratio / Principle

Accordingly, the petitioner, a man of clean antecedent, in the event of his arrest or surrender before the learned trial Court within four weeks of the order, was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned J.M. 1st Class, Motihari, East Champaran/concerned Court, where the case is pending, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail (Criminal Miscellaneous) — Patna High Court allowed the prayer of Jakir Miyan, apprehending arrest in Darpa P.S. Case No. 62 of 2024 (Thana Darpa, District East Champaran), registered for offences punishable under IPC Sections 147, 149, 341, 323, 354B, 324, 325, 307, 379, 504, 506. The FIR alleged assault on the informant and family members with iron rod and lathi causing head and bodily injuries, outrage of the modesty of a female family member, and intent to cause death, the occurrence arising out of neighbourhood disputes. Counsel submitted that physical assault was not attributed to the petitioner, that the occurrence was a free fight, that police after investigation had submitted a closure report against him yet the learned Jurisdictional Magistrate took cognizance without assigning reason, and that he had clean antecedents; the learned APP opposed bail. Holding that the allegation of assault prima facie did not appear available against the petitioner and noting the charge-sheet submitted qua petitioner after investigation, Chandra Shekhar Jha, J. directed release on bail upon arrest or surrender within four weeks of the order, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, before the learned J.M. 1st Class, Motihari, East Champaran, subject to the conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31086 of 2026

Arising Out of PS. Case No.-62 Year-2024 Thana- DARPA District- East Champaran

======================================================

Jakir Miyan, Son of Wakil Miyan, Resident of Village -Belahiya P.S.- Darpa District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon, Advocate For the Opposite Party/s : Mr.Yogendra Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 13-05-2026

Heard learned counsel appearing on behalf of the

petitioner and learned Additional Public Prosecutor appearing

on behalf of the State.

The accused/petitioner apprehending his arrest

in connection with Darpa P.S. Case No. 62 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 354B, 324, 325, 307, 379, 504, 506 of the IPC.

As per FIR, petitioner alleged to assault the informant and family members by using iron rod, lathi etc.

causing head and bodily injuries and also alleged to outrage

the modesty of family member of the informant. It is alleged

that assault was made with intention to cause death to the

Patna High Court CR. MISC. No.31086 of 2026(2) dt.13-05-2026 2/3

injured. It is also alleged that the occurrence took place due to neighbourhood disputes and differences.

It is submitted by learned counsel appearing on

behalf of the petitioner that the allegation of physical assault is not attributed to petitioner. It is pointed out that in fact the occurrence was free fight in nature, where the petitioner alleged to outrage the modesty of one of the female family member of the informant, which is not appears convincing in view of occurrence, moreover, police after investigation submitted closure report against the petitioner but by taking different note, without assigning reason, the learned Jurisdictional Magistrate took cognizance against this petitioner. Petitioner claimed clean antecedent.

Learned APP opposed the prayer of bail.

In view of aforesaid factual submissions and by taking note of fact as the allegation of assault prima facie not appears available against petitioner, where police after investigation submitted charge-sheet qua petitioner, accordingly, above named petitioner, who is a man of clean antecedent, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.31086 of 2026(2) dt.13-05-2026 3/3

learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1^st , Class, Motihari, East Champaran/concerned Court, where the case is pending in connection with Darpa P.S. Case No. 62 of 2024 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J)

veena/-

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