Patna High Court
Mumtaj MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Mumtaj Miyan, applied for anticipatory bail in connection with a theft case (PS Case No. 46 of 2026) alleging theft of a buffalo. The prosecution alleged that the petitioner was identified by the informant's wife as the person who threw the buffalo from a vehicle. The petitioner contended that he is innocent, has a clean antecedent, and that the buffalo remains with the informant, asserting that the accusation stems from personal enmity. The State opposed the bail, emphasizing the identification by the informant's wife. The Court, relying on the identification and the seriousness of the alleged offences under Sections 303(2) and 62 of the Bharatiya Nyaya Sanhita, 2023, refused anticipatory bail, but indicated that regular bail could be considered if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 303(2) and 62 of the Bharatiya Nyaya Sanhita, 2023 given the identification by the informant's wife.
- Whether the circumstances of the case justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 62
Subjects
- anticipatory bail
- bail
- theft
- identification
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36052 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- SIRISIYA District- West Champaran
======================================================
Mumtaj Miyan S/o Mustaquim Miyan Resident of village - Laxmipur, P.S -
Sirisiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner who apprehends arrest in connection
with Sirisiya P.S. Case No. 46 of 2026, lodged on 07.03.2026,
for the offences punishable under Sections 303(2)/62 of the
Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, the F.I.R. has been lodged
against the petitioner with allegation that theft of buffalo of the
informant and the accused was identified by the wife of the
informant.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.36052 of 2026(2) dt.02-06-2026
2/2
that the petitioner is the co-villager and due to the enmity his
name has figured in this case and his antecedent is clean.
Counsel further submits that the alleged buffalo, which was
subject to theft is still with the informant. He submits that the
petitioner is man of reputation and he is ready to fulfill all the
conditions whatsoever shall be imposed.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail and submits that the accused
petitioner has been identified by the wife of the informant and
upon her noise, the buffalo of the informant has been thrown
from the vehicle.
7. Considering the fact that the wife of the informant
has identified the petitioner, this Court is not inclined to grant
the anticipatory bail to the petitioner. Hence, the prayer for
anticipatory bail of the petitioner is hereby refused. However, in
the event of surrender of the petitioner within four weeks from
today, the prayer for regular bail shall be considered on merit on
the same day without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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