Raju Miya alias Sarajudin Miyan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Raju Miya alias Sarajudin Miyan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest or surrender before the Court below within six weeks from the date of the order, the petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan, in connection with Daraundha P.S. Case No. 142 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Daraundha P.S. Case No. 142 of 2025 instituted under Sections 126(2), 115(2), 118(2), 109(1), 74, 351(3), 352 and 3(5) of the BNS, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks from the date of the order, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Siwan, in connection with Daraundha P.S. Case No. 142 of 2025.

Ratio / Principle

The release on bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail — Petition under the anticipatory bail regime (conditions per S. 482(2) BNSS, 2023) — Petitioner apprehending arrest in Daraundha P.S. Case No. 142 of 2025, District Siwan, instituted under Sections 126(2), 115(2), 118(2), 109(1), 74, 351(3), 352 and 3(5) of the BNS — Allegations of abduction of the informant's sister-in-law, attempt to outrage her modesty, assault with an axe, and assault by co-accused Naushad Alam on Asif Hussain with a sword — Petitioner pleaded false implication due to land dispute, a case and counter case between agnates with simple injuries, injury reports not corroborating the FIR, and one criminal antecedent in which he was on bail — State opposed — Held: in the event of arrest or surrender before the Court below within six weeks, petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32741 of 2026

Arising Out of PS. Case No.-142 Year-2025 Thana- DARAUNDA District- Siwan

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

Raju Miya alias Sarajudin Miyan, Son of Subham Miya, Resident of VillageMarasara, P.S.- Daraudha, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Ankit Raj, Advocate For the Opposite Party/s : Mr. Madhuri Lata, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 17-07-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daraundha P.S. Case No. 142 of 2025, instituted under Sections 126(2), 115(2), 118(2), 109(1), 74, 351(3), 352 and 3(5) of the BNS.

As per the prosecution case, on the alleged date of occurrence, due to prior enmity, the petitioner along with the named accused persons took away the sister-in-law of the informant, who had gone to attend call of nature. It is alleged that the petitioner /Raju Miya attempted to outrage her modesty. On alarm, the accused allegedly assaulted her with an axe, causing injuries on her head. When the informant and his family members came to rescue, the accused persons assaulted them. It

Patna High Court CR. MISC. No.32741 of 2026(3) dt.17-07-2026 2/3

is alleged that co-accused Naushad Alam assaulted with sword on the neck of Asif Hussain causing injury.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute between the parties. Both the parties have sustained injury in free fight due to which there is case and counter case between the parties who are agnates. Injuries to the injured are simple in nature. Injury reports do not corroborate the allegations made in the FIR. Learned counsel further submits that petitioner has one criminal antecedent, in which he is on bail. There is no chance of absconding of the petitioner or tampering with the evidence. Petitioner undertakes to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan in connection with

Patna High Court CR. MISC. No.32741 of 2026(3) dt.17-07-2026 3/3

Daraundha P.S. Case No. 142 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J)

Koustav/- Dolly U T