Patna High Court
Amardin MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and surety conditions and the power of the trial court to cancel the bail for non‑cooperation.
Summary
The petitioners, Amardin Mian and Mauladdin Mian, sought anticipatory bail fearing arrest in a criminal case (PS Case No. 173 of 2025) involving offences under Sections 126(2), 115(2), 303(2), 74, 351(2), 352 and 3(5) of the Bihar Non‑Compulsory Act, 2023. They contended that the FIR was lodged 18 days after the alleged incident, that they have clean antecedents, and that the informant had falsely implicated them as a counter‑blow to another case (PS Case No. 163 of 2025). The State opposed the bail. The Court, after considering the delay in filing the FIR, the petitioners' clean record and the possibility of cooperation, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that the trial court may cancel the bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Non‑Compulsory Act, 2023.
- Whether the delay in lodging the FIR and the claim of false implication justify the grant of bail.
- Whether the petitioners are likely to cooperate with the investigation.
Subjects
- anticipatory bail
- Section 482
- delay in FIR
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18283 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- MAINATAND District- West Champaran
======================================================
1. Amardin Mian Son of Maunaddin Mian Both Resident of Village - P.S. -
Mainatand, Dist. - West Champaran
2. Mauladdin Mian Son of Late Mohammad Mian Both Resident of Village -
P.S. - Mainatand, Dist. - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 74, 351(2), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 21.08.2025 at 08:00 PM, Ashraf son of Amardin
Mian spat on the face of his son Aadi Mian, on protest, his son
was assaulted, on alarm informant along with his wife went to
save him when named accused persons including the petitioners
and Anwar assaulted the informant by knife causing injury on
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head, thereafter, Amardin assaulted him by farsa causing injury
on left hand and when his wife and son came to save him,
accused Ashraf, Jainab and Umambani assaulted them by rod
and Anwar took out Rs. 10,000/- from his pocket and Mauladin
snatched chain of his wife.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant, it is next submitted that as far as petitioner no. 2
is concerned, he is alleged to have snatched chain of the wife of
the informant, but then the said allegation is ornamental. It is
next submitted that petitioner no. 1 is alleged to have assaulted
the informant by farsa causing injury on left hand, but then
injury suffered by the injured has been opined to be simple in
nature caused by hard and blunt substance. It is next submitted
that date of occurrence is 21.08.2025 and the FIR came to be
instituted on 09.09.2025 based on written application of the
informant after a delay of 18 days without any plausible
explanation of the delay, which also casts an aspersion on the
case of the prosecution. It is further submitted that from side of
the petitioners, Mainatand P.S. Case No. 163 of 2025 came to be
instituted against the informant and his side, with respect to an
occurrence dated 21.08.2025. It is also submitted that the
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present petitioner no. 1 is the informant of Mainatand P.S. Case
No. 163 of 2025 and he was inflicted with injury along with his
son, on account of assault made by the side of the informant. It
is further submitted that the instant FIR came to be instituted by
way of a counterblast to Mainatand P.S. Case No. 163 of 2025.
It is reiterated and submitted that petitioners are persons with
clean antecedent and if privilege of anticipatory bail is granted,
the petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Mainatand P.S. Case No. 173 of 2025 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
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learned Trial Court bringing to its notice that petitioners despite
giving assurance to this Court are not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
8. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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