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Patna High Court

Ekbal MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is to be released on bail upon furnishing the prescribed bond and sureties, subject to statutory conditions.

Summary

Ekbal Miya was named in an FIR for assaulting an informant, his daughter, and kidnapping the informant's minor daughter for marriage, under several IPC sections and Section 8 of the POCSO Act. He contended that he was falsely implicated, being only the father of the main co-accused, and pointed to the earlier bail granted to his wife and son in a similar circumstance. The State opposed his bail application. The Court considered the factual submissions, the petitioner’s clean antecedent, and the precedent of bail to similarly situated co-accused. It ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2). The order effectively granted bail to the petitioner.

Issues considered

  • Whether the petitioner, despite serious charges under IPC and POCSO, is entitled to bail.
  • Whether the prior bail granted to similarly situated co-accused influences the bail decision.
  • Whether the claim of false implication and clean antecedent warrants bail.

Legislation cited

Subjects

  • bail
  • false implication
  • assault
  • kidnapping
  • child marriage
  • IPC
  • POCSO
  • CrPC
  • BNSS
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2051 of 2026
                   Arising Out of PS. Case No.-458 Year-2022 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Ekbal Miya, S/o Late Lal Mohammad Miya, R/o Village-Hata, P.O.-
                 Raghunathpur Bazar, P.S.- Sugauli, Dist.- East Champaran (Bihar).
                                                                               ... ... Petitioner
                                                    Versus
                 1. The State of Bihar
                 2. XXX, S/o XYZ, R/o village-Hata, P.O.-Raghunathpur Bazar, P.S.-Sugauli,
                 District- East Champaran.
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Adya Singh, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Sugauli P.S. Case

                   No.458 of 2022 registered under Sections 341, 323, 363,

                   366-A, 504 read with 34 of the Indian Penal Code and

                   Section 8 of the Protection of Children from Sexual Offences

                   Act.

                                3. As per FIR, the petitioner along with other co-

                   accused persons assaulted the informant and his daughter

                   and kidnapped his minor daughter for the purpose of

                   marriage.
Patna High Court CR. MISC. No.2051 of 2026(2) dt.12-02-2026
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                       4. It is submitted by learned counsel appearing for

          petitioner that the petitioner has been falsely implicated in

          this case being the father of main co-accused Arman Miyan

          against which, the allegation is specifically available. It is

          submitted that similarly situated co-accused persons namely,

          Allima Khatoon @ Akhalima Begam and Inshaf Miyan @ Insaf

          Alam, who are wife and son of petitioner, has already been

          granted bail by one of the learned co-ordinate Bench of this

          Court     through       Cr.    Misc.     No.20610   of   2023   dated

          28.06.2023. The petitioner claimed clean antecedent.

                       5.    Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking of fact as petitioner has been implicated with present

          case being father of main co-accused Arman Miyan, where

          similarly situated co-accused has already granted bail, as

          submitted aforesaid, accordingly, the petitioner, above-

          named, in the event of his arrest or surrender in the court

          below within a period of four weeks from today, is directed to

          be released on bail on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
          Patna High Court CR. MISC. No.2051 of 2026(2) dt.12-02-2026
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                    each to the satisfaction of the learned 6 th District and

                    Additional Sessions Judge-cum-Exclusive Special Judge,

                    POCSO Act, Motihari, East Champaran in connection with

                    Sugauli P.S. Case No.458 of 2022, subject to the conditions

                    as laid down under Section 438(2) of the Code of Criminal

                    Procedure (in short ‘CrPC’)/under Section 482(2) of the

                    Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                            (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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