Patna High Court
Wasim MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted to the petitioner.
Summary
The petitioner, Wasim Miya, applied for regular bail in a case registered under Sections 103(1), 61(2) and 3(5) of the B.N.S., alleging that he was falsely implicated in the stabbing of the deceased. The prosecution alleged that the petitioner and others had caught hold of the deceased and stabbed him, but no specific overt act was attributed to the petitioner. The petitioner’s counsel argued that he is innocent, has no criminal antecedent, and has been in custody since 2 October 2025. The State opposed the bail, but the Court, considering the clean antecedent, lack of specific allegation and the period of custody, allowed the bail application. The Court ordered bail on a bond of Rs 10,000 with two sureties of the same amount, emphasizing that the observations are prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 103(1), 61(2) and 3(5) of the B.N.S. in view of the alleged facts, lack of specific allegation against him, his clean antecedent and the period of custody.
Legislation cited
- B.N.S. — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- bail application
- clean antecedent
- B.N.S.
- Section 103
- Section 61
- Section 3
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26137 of 2026
Arising Out of PS. Case No.-550 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Wasim Miya Son of Late Ganji Miya Resident of Vill.- Patkhauli, P.S.-
Kateya, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Kateya P.S. Case No. 550 of 2025, registered under Sections
103(1), 61(2) and 3(5) of the B.N.S.
3. As per prosecution case, the petitioner and others
are said to have caught hold of the deceased and accused,
namely, Shaheed Miyan is said to have stabbed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. There is no
specific allegation of overt act attributed against the petitioner
rather the allegation is general and omnibus. The petitioner has
no criminal antecedent and he is in custody since 02.10.2025.
Charge-sheet has been submitted against the petitioner.
5. Learned A.P.P. for the State has opposed the prayer
Patna High Court CR. MISC. No.26137 of 2026(2) dt.21-04-2026
2/2
for bail.
6. Considering the facts and circumstances of the
case, clean antecedent of the petitioner and also period of
custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court concerned where the case is
pending/successor court in connection with Kateya P.S. Case
No. 550 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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