Patna High Court

RAJU MIANversusThe State of Bihar

Decided: 25 March 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The High Court directed the district court to consider the bail application and disposed of the petition.

Summary

Raju Mian applied for pre‑arrest bail in a 2002 case (PS No.85) involving offences under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The High Court noted that the allegations were not grave, the case was over two decades old, and one co‑accused had already been acquitted. The petitioner expressed willingness to surrender before the district court. Accordingly, the Court directed the learned District Court to consider the bail application and pass an order in accordance with law. The petition was therefore disposed.

Issues considered

What is the appropriate basis for granting pre‑arrest bail in an old criminal case with multiple IPC offences?

Legislation cited

Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504

Subjects

pre‑arrest bail
criminal procedure
old case
surrender
co‑accused acquitted
IPC offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15058 of 2026
                 Arising Out of PS. Case No.-85 Year-2002 Thana- GOVINDGANJ District- East Champaran
                 ======================================================
                 Raju Mian S/O Lazim Ahmad R/o vill - Gumrauliya, P.S.- Malahi, Distt.- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arif Daula Siddiquie, Advocate
                 For the Opposite Party/s :      Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Govindganj (Malahi) PS Case No.85 of 2002, registered for the

                   offences punishable under Sections 341, 323, 324, 307, 379 and

                   504/34 of BNSS.

                                3. Considering the nature of allegations as alleged

                   against the petitioner, as well as, there is no apprehension of

                   arrest since the case is of the year, 2002 and the record reveals

                   that one of the co-accused has been acquitted, vide judgment

                   dated 29.04.2010, the petitioner seeks to surrender before the

                   learned district court and seeks regular bail.

                                4. The learned District Court is directed to consider

                   the petitioner’s bail application and pass necessary order on the
            Patna High Court CR. MISC. No.15058 of 2026(2) dt.25-03-2026
                                                        2/2




                      basis of materials available on the record in accordance with

                      law.

                                   5. With the above observation/direction, the present

                      application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T

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