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Patna High Court

Sameer Miyan@Sameer Saifi@Md. Saifullah Saifi@Sameer Miya@Saifullah Saifi@Md. Sameer SaifiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

The petitioner, Sameer Saifi, was charged under Sections 341, 323, 307, 385, 387, 504, 506 and 34 of the Indian Penal Code for allegedly demanding extortion from an informant and assaulting him when the demand was refused. He has been in custody since 17 April 2025 and the trial has already commenced with charges framed. The petitioner applied for bail, contending that the trial stage should permit his release. The State opposed the bail, emphasizing the seriousness of the offences and the fact that the trial is underway. The Court, after hearing both sides, was not inclined to grant bail and dismissed the application. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the stage of the trial

Legislation cited

Subjects

  • bail
  • extortion
  • assault
  • Indian Penal Code
  • criminal procedure
  • custody
  • trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21083 of 2026
                 Arising Out of PS. Case No.-304 Year-2020 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Sameer Miyan@Sameer Saifi@Md. Saifullah Saifi@Sameer Miya@Saifullah
                 Saifi@Md. Sameer Saifi son of Sharif Saifi @ Sabir Miyan Resident of
                 Village -Dubwalia Lakhaura Tola, ward no 05, Police station -Chanpatia,
                 District -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brij Kishor Mishra
                 For the Opposite Party/s :      Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Chanpatia P.S. Case No. 304 of 2020 registered for the offence

                   under Sections 341,323, 307, 385, 387, 504, 506 and 34 of the

                   Indian Penal Code.

                                   3. As per the prosecution case, the petitioner and

                   others are accused of demanding extortion from the informant

                   and when the informant denied to fulfill the same, the accused

                   persons have assaulted him.

                                   4. The petitioner is in custody since 17.04.2025.

                                   5. Learned counsel for the petitioner, very fairly,

                   submits that the charges has been framed in this case and trial
          Patna High Court CR. MISC. No.21083 of 2026(2) dt.30-04-2026
                                                      2/2




                    has started.

                                    6. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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