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Patna High Court

Nabab Miyan @ Mohammad Irfan @ Nabab Miyan KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

The petitioners sought anticipatory bail fearing arrest in a case (Janta Bazar PS Case No. 263 of 2025) alleging assault, robbery and other offences under various sections of the B.N.S. They claimed the allegations were false, a retaliatory filing, and that they had no prior criminal record. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S., imposing conditions such as a relative as bailor, personal appearance in court, and verification of antecedents. The order also stipulated cancellation of bail for non‑compliance or future similar offences. The application was disposed of, and the bail order was to be implemented without delay for verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations.
  • Whether the petitioners have a clean antecedent justifying bail.
  • Whether the conditions imposed are appropriate to ensure the petitioners' presence and prevent misuse of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • criminal antecedent
  • bail conditions
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2582 of 2026
                     Arising Out of PS. Case No.-263 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
           1.     Nabab Miyan @ Mohammad Irfan @ Nabab Miyan Khan S/o Amirul Khan
                  @ Md. Isarafil Khan R/o Village - Banpura, P.S - Janta Bazar, District -
                  Saran
           2.    Jainara Khatun @ Jahan Aara Khatun W/o Amirul Khan @ Md. Isarafil
                 Khan R/o Village - Banpura, P.S - Janta Bazar, District - Saran
           3.    Salaudin @ Salauddin S/o Nathuni Khan R/o Village - Banpura, P.S - Janta
                 Bazar, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Janta Bazar P.S. Case No. 263 of 2025 registered for the

                   offences under Sections 126(2), 115(2), 109, 76, 352, 351(2),

                   303(2) and 3(5) of the B.N.S.

                                3. As per the F.I.R, the allegation against the

                   petitioners is that they assaulted the informant, namely, Rani

                   Khatun snatched away her gold necklace and also disrobed her.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have falsely been implicated in the present case and
Patna High Court CR. MISC. No.2582 of 2026(2) dt.28-01-2026
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          that no such occurrence as alleged has occurred. It has been

          submitted that the present case is the counterblast of the case

          lodged by the petitioner’s side, being Janta Bazar P.S. Case No.

          262 of 2025, which was instituted against the husband of Rani

          Khatun, the informant of the present case. It has next been

          submitted that both the sides sustained injuries and that one of

          the injuries, which is said to be grievous in nature was with

          regard to a shoulder injury, however, it would be evident from

          the allegations made in the F.I.R, no allegation has been made

          with regard to any assault on the shoulder of the informant. It is

          further evident that the head injury has been found to be simple

          in nature while the allegation of snatching of the gold necklace,

          etc. has been super imposed only to make out a case of

          snatching against the petitioners. It has lastly been submitted

          that the petitioners carry clean antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender

          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten
Patna High Court CR. MISC. No.2582 of 2026(2) dt.28-01-2026
                                            3/4




          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Janta Bazar P.S.

          Case No. 263 of 2025 subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure read

          with corresponding Section 482(2) of B.N.S.S. as well as

          subject to the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in case at

                          any stage it is found that the petitioners have

                          concealed their criminal antecedents, the court
           Patna High Court CR. MISC. No.2582 of 2026(2) dt.28-01-2026
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                                     below shall take step for cancellation of bail bond

                                     of the petitioner. However, the acceptance of bail

                                     bonds in terms of the above-mentioned order shall

                                     not be delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the present application         stands

                     disposed of.

                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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