Patna High Court
Md. Meraj Miyan @ Meraj Miyan @ Meraj MiyanversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted to petitioners nos. 1, 2, 3 and 8, and denied to petitioners nos. 4, 5, 6 and 7.
Summary
The petitioners, eight villagers from Karanj, were charged under several sections of the Bihar Non‑Compulsory Statutes for allegedly assaulting an informant, stealing her gold earring and attempting to outrage her modesty. They applied for pre‑arrest bail, claiming innocence and that the FIR allegations were vague and the victim's injuries were minor. The State opposed the bail, emphasizing the seriousness of the offences and the criminal antecedents of four of the accused. The Court, noting the serious nature of the charges and prior records of petitioners nos. 4, 5, 6 and 7, denied pre‑arrest bail to them, but granted bail to petitioners nos. 1, 2, 3 and 8 subject to a bond and sureties, with conditions under Sections 438(2) and 482(2) of the Cr.P.C. The order also directed verification of any further criminal antecedents, after which the bail order would lapse. The bail application was disposed accordingly.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged under the BNS.
- Whether the criminal antecedents of certain petitioners justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- criminal antecedent
- assault
- theft
- outraging modesty
- Bihar Non‑Compulsory Statutes
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11913 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- DINARA District- Rohtas
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1. Md. Meraj Miyan @ Meraj Miyan @ Meraj Miyan son of Butan Miyan
Resident of village- Karanj, Ps- Dinara, Dist- Rohtas
2. Ayaj Miyan son of Butan Miyan Resident of village- Karanj, Ps- Dinara,
Dist- Rohtas
3. Monaf Miya @ Monaf Alam @ Munav Miyan @ Munab Alam son of Butan
Miyan Resident of village- Karanj, Ps- Dinara, Dist- Rohtas
4. Riyaj Miyan @ Riyaz Alam son of Butan Miyan Resident of village- Karanj,
Ps- Dinara, Dist- Rohtas
5. Seraj Miyan @ Seraj Alam son of iralun Miyan Resident of village- Karanj,
Ps- Dinara, Dist- Rohtas
6. Ainul Miya @ Ainul Haque @ Einul Miya @ Enul Haque son of Mismillah
Miyan Resident of village- Karanj, Ps- Dinara, Dist- Rohtas
7. Sonu Miyan @ Zafar Ali son of kaish Miyan Resident of village- Karanj, Ps-
Dinara, Dist- Rohtas
8. Eraj Miya son of Ailuan Miyan Resident of village- Karanj, Ps- Dinara,
Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhaneshwar Prasad Gupta, Advocate.
For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Dinara P.S. Case No. 271 of 2025 registered for the offence
punishable under Sections 115(2), 126(2), 74, 190, 191(2),
351(2), 352 and 3(5) of the BNS.
Patna High Court CR. MISC. No.11913 of 2026(3) dt.27-04-2026
2/3
3. As per the allegation made in the F.I.R., all the
accused persons including the petitioners abused and assaulted
the informant and her family members causing them injury,
snatched the golden ear ring of the informant and they also tried
to outrage her modesty.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have committed no offence as alleged in the F.I.R. The
allegation levelled against the petitioners are general and
omnibus. Both the parties are co-villagers. The injury sustained
by the victim is simple in nature.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the serious nature of allegation, as well
as, criminal antecedent of the petitioner nos. 4, 5, 6 and 7, I am
not inclined to enlarge the petitioner nos. 4, 5, 6 and 7 on pre-
arrest bail.
7. Considering the nature of allegation against the
petitioner nos. 1, 2, 3 and 8 to be general and omnibus, they are
directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.11913 of 2026(3) dt.27-04-2026
3/3
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate 1st Class.
Bikramganj, Rohtas in connection with Dinara P.S. Case No.
271 of 2025, subject to the condition as laid down under Section
438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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