Patna High Court
Md. JilaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioners subject to conditions, exercising its inherent powers under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners, five men aged over fifty, sought relief from imminent arrest in connection with PS Case No. 659 of 2025, which alleged offences under several sections of the Bihar Negotiable Substances Act, 2023, including assault, attempt to outrage modesty, and attempted rape. The prosecution alleged that the petitioners hurled abusive language, attempted to outrage modesty, tried to commit rape, and fired bricks and weapons from a mosque. The petitioners contended they were falsely implicated as retaliation for an earlier case they had filed (Case No. 657 of 2025) and argued that the FIR contained vague and implausible allegations, emphasizing their clean antecedents. The State opposed the bail application. Considering the vague nature of the allegations and the possibility of false implication, the Court exercised its inherent powers under Section 482(2) of the B.N.S., 2023 and ordered that the petitioners be released on bail upon furnishing bonds of Rs.10,000 each with two sureties, subject to conditions of presence before the trial court and a close relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioners pending trial in view of the vague allegations and alleged false implication under Section 482(2) of the Bihar Negotiable Substances Act, 2023
Subjects
- bail
- Section 482
- false implication
- FIR
- Criminal Procedure
- Bihar High Court
- pre‑trial release
- vague allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28681 of 2026
Arising Out of PS. Case No.-659 Year-2025 Thana- BELAGANJ District- Gaya
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1. Md. Jilani S/O Md. Gafar R/O Village- Faridapur, P.S- Belaganj, Distt.-
Gaya.
2. Md. Quamruddin @ Md. Kamru Miyan S/O Md. Bedar Miyan R/O Village-
Faridapur, P.S- Belaganj, Distt.- Gaya.
3. Md. Mustakim @ Md.Mustkin Miya S/O Abdul Gani @ Abdul Gani Miya
R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya.
4. Md. Istekhar S/O Abdul Gani R/O Village- Faridapur, P.S- Belaganj, Distt.-
Gaya.
5. Md. Chandu Miyan @ Masuk Miyan S/O Md. Azij Miyan @ Abbas Miyan
R/O Village- Faridapur, P.S- Belaganj, Distt.- Gaya.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Ratnakar Pandey, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners are
apprehending their arrest in connection with Belaganj P.S. Case
No. 659 of 2025, dated 15.11.2025, registered for the offences
punishable under Sections 191(2), 191(3), 126(2), 115(2), 125,
74, 75, 352, 351(2) and 61(2) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other co-
accused persons hurled filthy abuses against the informant and
other ladies and tried to outrage their modesty. They put down
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the informant and tried to commit rape with her. They resorted
to brick batting from the mosque and also opened fire.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. There is case and counter version which is earlier in
time bearing Belaganj P.S. Case No. 657 of 2025 registered by
the petitioners’ side against the informant and others. The
informant’s side attacked the mosque and damaged it. In order
to settle score, this false case has been lodged against the
petitioners, in fact no offence as alleged in the FIR has been
made out against the petitioners. The FIR has been lodged with
vague and absurd allegations. The petitioners are all above the
age of fifty years and the allegations are simply not believable.
The petitioners are having clean antecedents.
5. Learned APP opposes the submissions made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegations and further considering the
possibility of false implication in the background of the present
case, let the petitioners, above-named, in the event of their arrest
or surrender before the Court concerned within a period of eight
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weeks from today, be released on bail, on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya, in connection with Belaganj
P.S. Case No. 659 of 2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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