Patna High Court
Nabab Miyan @ Mohammad Irfan @ Nabab Miyan KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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