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Patna High Court

Munna MiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, five residents of Areraj, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Indian Penal Code and the Bihar Prohibition and Excise Act. They alleged that the informant, a neighbour, fabricated the charges stemming from a dispute over a passage, claiming the alleged assault and theft were false and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and a deposit of Rs.2,500 with the Advocates’ Association, subject to verification of the petitioners' criminal records. It further directed that if any antecedent is discovered, the bail would be revoked, otherwise the provisional order would be confirmed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the circumstances alleged
  • Whether the alleged offences warrant denial of bail given the seriousness and the claim of false implication
  • Whether the court may impose conditions, including verification of antecedents, under its inherent powers

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • criminal antecedent
  • Section 482 CrPC
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • neighbor dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5133 of 2026
                    Arising Out of PS. Case No.-137 Year-2025 Thana- ARERAJ District- East Champaran
                 ======================================================
           1.     Munna Miya Sher Miyan R/o Village - Areraj, Ward no. 9, P.S. - Areraj,
                  Dist. - East Champaran, Motihari.
           2.    Sher Miya Son of Late Mishri Miyan R/o Village - Areraj, Ward no. 9, P.S. -
                 Areraj, Dist. - East Champaran, Motihari.
           3.    Raja Miya Son of Munna Miyan R/o Village - Areraj, Ward no. 9, P.S. -
                 Areraj, Dist. - East Champaran, Motihari.
           4.    Shahid Miyan Son of Rafi Miya R/o Village - Areraj, Ward no. 3, P.S. -
                 Areraj, Dist. - East Champaran, Motihari.
           5.    Salauddin Miya Son of Bhuti Miya R/o Village - Areraj, Ward no. 3, P.S. -
                 Areraj, Dist. - East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajesh Kumar
                 For the Opposite Party/s :        Mr. Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 141(2),

                   191(3), 190, 303(2), 126(2), 115(2), 196, 299, 352, 351(2), 3(5)

                   BNS & Sections 37 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on 19.06.2025 at about 10.30 PM, all the accused
Patna High Court CR. MISC. No.5133 of 2026(2) dt.02-02-2026
                                            2/3




          persons came to her house and assaulted her and her family

          members in an intoxicated state and also threw bricks from the

          roof and petitioners snatched the chain of the informant’s son

          and dragged him on the floor.

                       4. Learned counsel submits that petitioners have been

          falsely implicated in the instant case by the informant. It is next

          submitted that petitioners and informant are neighbour and on

          account of dispute relating to passage, an altercation had taken

          place in which both sides assaulted each other but then no injury

          was suffered and a false case came to be instituted alleging that

          petitioners were in an intoxicated condition.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) each with two sureties of the

          like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Areraj P.S. Case No.137/2025, subject to the conditions as laid
             Patna High Court CR. MISC. No.5133 of 2026(2) dt.02-02-2026
                                                         3/3




                       down under Section 482(2) of the B.N.S.S.

                                    7. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioners have antecedent of

                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that

                       petitioners are persons with clean antecedent, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.

                                    8. At this stage, the learned counsel for the petitioners,

                       based on instruction, undertakes to deposit an amount of

                       Rs.2500/- with Advocates’ Association, Patna High Court within

                       a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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