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Patna High Court

Amul Miya @ Anul MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Amul Miya, Md. Zahid Miya and Md. Shane Ali, sought anticipatory bail fearing arrest in connection with a criminal case (PS Case No. 205 of 2025) that alleged offences under several sections of the Bihar Penal Code, including hurt and assault. They contended that the incident occurred during a Panchayat meeting over a land dispute, was not intentional, resulted only in simple injuries, and that they have no prior criminal record. The State opposed the bail application. The court noted the nature of the alleged injuries, the lack of criminal antecedent, and the fact that co‑accused had already been granted anticipatory bail. Accordingly, the court granted anticipatory bail to the petitioners subject to a bond of Rs.20,000 with two sureties each, under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the charges under sections 191(2), 190, 126(2), 118(1), 117(2), 109, 303(2), 352 and 351(2) of the Bihar Penal Code.
  • Whether the alleged act constitutes a serious offence warranting denial of bail.
  • Whether the petitioners' clean antecedent and the simple nature of injuries justify anticipatory bail.

Subjects

  • anticipatory bail
  • simple hurt
  • land dispute
  • Panchayat
  • Section 482
  • Bihar Penal Code
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11099 of 2026
                       Arising Out of PS. Case No.-205 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
           1.     Amul Miya @ Anul Miya, Son of Gulambari Miya Resident of village-
                  Chhakarbandha P.S- Imamganj, Dist- Gaya Jee
           2.    Md. Zahid Alam @ Md. Zahid Miya, Son of Kamaruddin Ansari @
                 Kamaruddin Miya Resident of village- Chhakarbandha P.S- Imamganj, Dist-
                 Gaya Jee
           3.    Md. Shane Ali @ Pappu Miya, Son of Zakir Miyan Resident of village-
                 Chhakarbandha P.S- Imamganj, Dist- Gaya Jee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   26-02-2026                  1.      Heard the parties.

                                2.      The petitioners apprehend their arrest in

                   connection with Imamganj P. S. Case No. 205 of 2025

                   registered for the offence(s) punishable under Section(s)

                   191(2), 190, 126(2), 118(1), 117(2), 109, 303(2), 352 and 351(2)

                   of the BNS.

                                3.    The main submissions advanced by the learned

                   counsel for the petitioners are that as per the FIR, on the alleged

                   day and time of occurrence, a Panchayat meeting was being

                   held in between both the parties with regard to some land

                   dispute in which dispute arose in between them and thereafter,
Patna High Court CR. MISC. No.11099 of 2026(2) dt.26-02-2026
                                            2/3




          the alleged occurrence is said to have taken place but it is

          clearly evident that the alleged occurrence of marpit was not

          intentional, however, two co-accused persons, namely, Irshad

          Ansari and Zubair Ansari against whom allegations of similar

          nature have been made as against petitioner Md. Zahid Miya,

          have been granted the relief of anticipatory bail by the trial court

          but the petitioners' prayer has been rejected and further, the

          injuries sustained by injured persons have been opined to be

          simple in nature which shows that there was a simple marpit in

          between both the parties. It is lastly submitted that all the

          petitioners have no criminal antecedent.

                       4. Learned APP appearing for the State has opposed

          the bail prayer of the petitioners.

                       5. In the facts and circumstances of this case and

          considering the aforesaid submissions, the pleas taken by the

          petitioners in their application coupled with the genesis of the

          occurrence and the nature of injuries sustained by the injured

          persons as stated above as well as the fair and clean antecedent

          of the petitioners, this court is inclined to grant them the relief

          of anticipatory bail. Accordingly, let the petitioners named-

          above, in the event of their arrest/surrender before the learned

          court below within a period of six weeks from today,             be
              Patna High Court CR. MISC. No.11099 of 2026(2) dt.26-02-2026
                                                          3/3




                        released on anticipatory bail in connection with Imamganj P. S.

                        Case No. 205 of 2025 on furnishing bail bonds of Rs. 20,000/-

                        (Rupees Twenty Thousand) each with two sureties of the like

                        amount each to the satisfaction of the Court concerned, subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS.

                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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