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Patna High Court

Hanif MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, on the ground that the evidence does not conclusively link him to the offences and he may surrender within eight weeks.

Summary

The petitioner, Hanif Miya, was implicated in a violent robbery and murder that occurred on 25 June 2022 near Chandni Petrol Pump, leading to charges under several IPC sections including 341, 323, 307, 379, 120(B), 34 and later 302. The prosecution’s case is based on the testimony of local residents who identified the petitioner as a habitual miscreant, but there is no eye‑witness to the alleged assault and robbery. The petitioner contended that he is innocent, falsely implicated due to village politics, and has a clean antecedent. The State opposed the petition for anticipatory bail, emphasizing the seriousness of the offences. The Court considered the lack of direct evidence against the petitioner and the possibility of arrest within eight weeks, and consequently ordered anticipatory bail on a cash bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S. The order is conditional upon surrender or arrest within the stipulated period.

Issues considered

  • What is the adequacy of the material evidence to justify denial of anticipatory bail in a case involving serious offences including murder?
  • Whether the petitioner’s claim of false implication and lack of eye‑witness merit the grant of anticipatory bail under Section 438 Cr.P.C.?

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • robbery
  • murder
  • false implication
  • political vendetta
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10128 of 2026
                   Arising Out of PS. Case No.-303 Year-2022 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Hanif Miya S/o Madari Miya R/o Sugaw, P.S.- Sugauli, District- East
                 Champaran, Bihar, 855456
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhanshu Prakash, Adv.
                                                          Karnika, Adv.
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   30-06-2026                    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 under Section 341, 323, 307, 379,

                   120(B), 34 of the Indian Penal Code and later on, Section 302 of

                   the Indian Penal Code was added.

                                 3. As per the prosecution case, on 25.06.2022 at about

                   8:45 PM, brother-in-law of informant went out on his

                   motorcycle to purchase some articles and when reached near

                   Chandni Petrol Pump, he was intercepted by unknown

                   miscreants, who assaulted informant’s brother-in-law and

                   robbed cash of Rs. 5,000/-, one gold chain and his motorcycle.

                   The local residents disclosed the name of petitioner and other

                   co-accused persons, as habitual miscreants, who commit such

                   offence near petrol pump. In course of treatment, informant’s
           Patna High Court CR. MISC. No.10128 of 2026(6) dt.30-06-2026
                                                       2/2




                     brother-in-law died.

                                  4. Learned counsel for the petitioner submits that

                     petitioner is quite innocent and has been falsely implicated in

                     this case due to village politics. There is no eye-witness to the

                     alleged occurrence and only on suspicion, petitioner has been

                     made accused. No specific overt act has been alleged against

                     this petitioner. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     in the event of arrest/surrender before the Court below within a

                     period of eight weeks from today, let the above named petitioner

                     be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned C.J.M., Motihari in connection with

                     Sugauli P.S. Case No. 303 of 2022, subject to condition as laid

                     down under Section 438(2) of the Cr.P.C. / Section 482(2) of the

                     B.N.S.S.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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