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Patna High Court

Iqbal Miya @ Md. IqbalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
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                                                          (Chandra Shekhar Jha, J.)
    Sanjeet/-
U      T


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