Patna High Court
Ekbal MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 363, 366-A, 504
- Protection of Children from Sexual Offences Act — s. 8
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
2/3
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
3/3
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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