Patna High Court
Iqbal Miya @ Md. IqbalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as no prima facie case of assault was established against him.
Summary
The petitioner, Iqbal Miya, was named in an FIR for alleged assault and related offences under the Bhartiya Nyaya Sanhita, 2023, arising from a dispute over gas cylinder dues. He applied for bail, contending that the assault allegation pertained only to a co‑accused, Sabbir, and that the injuries reported were simple. The prosecution opposed bail. The court examined the prima facie case and noted the lack of specific evidence linking the petitioner to the assault, his clean antecedent, and the minor nature of the injuries. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, the court directed that the petitioner be released on bail upon furnishing a bond and sureties. The bail order was conditioned on surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether a prima facie case of assault exists against the petitioner sufficient to deny bail
- Whether the provisions of Section 438(2) CrPC and Section 482(2) BNSS justify granting bail in the present circumstances
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 303(2), 308(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- prima facie case
- Criminal Procedure Code
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- injury assessment
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10742 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- SONO District- Jamui
======================================================
Iqbal Miya @ Md. Iqbal, S/o- Naim Miya @ Md. Naim, R/v- Matihanachowk
P.S.- Sono Dist- Jamui
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the
FIR and apprehending his arrest in connection with
Sono P.S. Case No.273 of 2025 registered under
Sections 126(2), 127(2), 115(2), 352, 351(2), 109,
308(2), 303(2) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘B.N.S.’).
3. As per FIR, the informant alleged that
petitioner and other co-accused persons assaulted
him and others with lathi, rod etc. during the
occurrence, causing head and bodily injuries, where
occurrence alleged to be taken place due to
previous dues of 15 gas cylinders.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.10742 of 2026(2) dt.23-02-2026
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appearing for petitioner that allegation qua physical
assault is specifically available against co-accused
Sabbir and not against this petitioner and moreover
the injuries as alleged to be caused upon medical
examination, found simple in nature. The petitioner
claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual and legal
submissions and by taking note of fact as prima
facie allegation of assault is not available against
this petitioner, where injuries also, upon medical
examination found simple, accordingly, the
petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four
weeks from today, is directed to be released on bail
on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each
to the satisfaction of the learned A.C.J.M.-II, Jamui in
connection with Sono P.S. Case No.273 of 2025,
subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
Patna High Court CR. MISC. No.10742 of 2026(2) dt.23-02-2026
3/3
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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