Created by Fuzzy Cloud

Patna High Court

Ali Akhtar MiyanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court declined to grant anticipatory bail to the petitioners.

Summary

The petitioners, four brothers from Belahiya, filed an anticipatory bail application fearing arrest in Darpa P.S. Case No.62 of 2024, which alleged offences of assault, robbery, attempt to outrage modesty and other serious crimes under multiple sections of the Indian Penal Code. The FIR claimed they entered the informant’s house armed, assaulted the informant’s side, attempted to outrage the modesty of Sabina Khatun and stole personal belongings. The petitioners contended they are innocent, have clean antecedents, and that the incident was a neighbour dispute over drainage, describing the allegations as general and omnibus. The State opposed the bail. After hearing, the Court held that the seriousness of the charges and the nature of the alleged offences warranted denial of anticipatory bail, but directed the petitioners to surrender within four weeks for the trial court to consider a surrender‑cum‑bail application on merits. Consequently, the anticipatory bail petition was rejected.

Issues considered

  • Whether anticipatory bail should be granted in view of the serious IPC offences alleged against the petitioners
  • Whether the petitioners’ claim of innocence, clean antecedent and neighbour‑dispute context outweighs the gravity of the charges

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • assault
  • robbery
  • outraging modesty
  • bail jurisprudence
  • neighbor dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26847 of 2026
                     Arising Out of PS. Case No.-62 Year-2024 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Ali Akhtar Miyan S/O Wakil Miyan Resident of Village- Belahiya, P.S.-
                  Darpa, District- East Champaran
           2.    Jabir Miyan S/O Wakil Miyan Resident of Village- Belahiya, P.S.- Darpa,
                 District- East Champaran
           3.    Munnaf Miyan S/O Wakil Miyan Resident of Village- Belahiya, P.S.- Darpa,
                 District- East Champaran
           4.    Shami Akhtar Miyan @ Shami AKhtar S/O Wakil Miyan Resident of
                 Village- Belahiya, P.S.- Darpa, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Darpa P.S. Case No. 62 of 2024 lodged on

                   24.04.2024, for the offence punishable under Sections 147, 149,

                   341, 323, 354(B), 324, 325, 307, 379, 504 & 506 of the Indian

                   Penal Code, pending in the Court of J.M. 1st Class, Motihari,

                   East Champaran,.

                                3. As per the prosecution, FIR has been lodged against

                   14 named accused persons including the present petitioners with
Patna High Court CR. MISC. No.26847 of 2026(2) dt.22-04-2026
                                            2/3




          allegation that they have entered in the house of the informant

          armed with weapon and assaulted the informant’s side and also

          tried to outrage the modesty of one Sabina Khatun. The accused

          persons also took away the personal belongings of the

          informant.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that the petitioners’ side and the informant’s

          side are next door neighbours and with regard to drainage, the

          scuffling took place between them. He submits that there is

          general and omnibus allegation against the present petitioners.

          Counsel also submits that the petitioners were granted police

          bail, but the Magistrate has taken cognizance against the

          petitioners. Counsel further submits that the petitioners have

          clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners.

                       6. In the present facts and circumstances, this Court is

          not inclined to grant bail to the petitioners. Accordingly, the

          prayer for anticipatory bail of the petitioners stand rejected.

                       7. However, if petitioners surrender before the

          concerned Trial Court within a period of 4 weeks from today
             Patna High Court CR. MISC. No.26847 of 2026(2) dt.22-04-2026
                                                         3/3




                       then in that case, the Trial Court is directed to pass order on

                       their surrender-cum-bail application on the same day, without

                       being prejudice that the anticipatory bail of the petitioners has

                       been rejected by this Court and the Trial Court shall pass order

                       on the merit of this case.



                                                                        (Dr. Anshuman, J)
Divyansh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.