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Patna High Court

Amardin MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.18283 of 2026(2) dt.05-05-2026
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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
Patna High Court CR. MISC. No.18283 of 2026(2) dt.05-05-2026
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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
            Patna High Court CR. MISC. No.18283 of 2026(2) dt.05-05-2026
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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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