Patna High Court

SUBHAN @ MD. SUBHAN MIYANversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Subhan Miyan, sought bail in a case registered as Fulkaha P.S. Case No. 178 of 2024, alleging offences under Sections 304, 134 and 3(5) of the B.N.S. The prosecution alleged that the petitioner was linked to a robbery of cash amounting to Rs. 54,410, based on call‑data‑record (C.D.R.) evidence showing communication with an accused named Rijwan. The petitioner contended that he was falsely implicated, had no recovered property, and that a co‑accused in a similar case had been granted bail. The State opposed bail, highlighting the petitioner’s nine prior criminal cases. After hearing both sides, the court decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, attendance in court, and weekly police station reporting.

Issues considered

Whether bail should be granted to the petitioner despite serious charges under Sections 304, 134 and 3(5) of the B.N.S.
Whether the petitioner’s alleged involvement, inferred from C.D.R. and communication with another accused, justifies denial of bail
Whether the petitioner’s prior criminal antecedents preclude bail

Legislation cited

B.N.S. — s. 134, 304, 3(5)

Subjects

bail
criminal antecedent
Sections 304, 134, 3(5) B.N.S.
C.D.R. evidence
judicial custody
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10611 of 2026
                       Arising Out of PS. Case No.-178 Year-2024 Thana- FULKAHA District- Araria
                 ======================================================
                 SUBHAN @ MD. SUBHAN MIYAN S/o Khatru R/o vill - Tappu Tola, Pipra
                 Ghat, P.s.- Jogbani, Distt.- Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Fulkaha P.S. Case No. 178 of 2024 registered for the

                   offence punishable under Sections 304, 134 and 3(5) of the

                   B.N.S.

                                3. The case of the prosecution, in short, is that the

                   informant who is Loan Officer in Unity Small Finance Ltd.

                   working at Palashi Branch. On 11.11.2024 at 7.40 A.M., he has

                   collected the cash and as he was going to Forbesganj at 2.10

                   P.M., unknown bikers intercepted him and took the bag

                   containing Rs. 54,410/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.10611 of 2026(2) dt.18-02-2026
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          committed no offence. He has been falsely implicated in this

          case. The F.I.R. was lodged against unknown miscreants.

          During course of investigation, one Rijwan was apprehended.

          The name of the petitioner has surfaced during C.D.R.

          collection. There had been talks between Rijwan and this

          petitioner. Save and except this, nothing is against the petitioner.

          No recovery has been made from his possession. He is

          languishing in judicial custody since 10.09.2025. Learned

          counsel has also submitted that similarly situated co-accused has

          been granted bail by this court vide Cr. Misc. No. 83595 of

          2025. The case of this petitioner stands on similar footing.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of nine cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned J.M. 1 st

          Class, Araria in connection with Fulkaha P.S. Case No. 178 of

          2024 with following conditions:-
            Patna High Court CR. MISC. No.10611 of 2026(2) dt.18-02-2026
                                                        3/3




                                   (i) The petitioner shall cooperate in trial and shall

                      remain physically present in the trial court on each and every

                      fixed date.

                                   (ii) The petitioner is also directed to mark his weekly

                      attendance at Narpatganj P.S.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T

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