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Patna High Court

Azam MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed anticipatory bail to the petitioners.

Summary

The petitioners, Azam Miya and others, sought anticipatory bail fearing arrest in a murder case (Banjariya P.S. Case No. 257 of 2025) filed under Sections 103(1) and 3(5) of the B.N.S. They claimed innocence, citing a police final report that exonerated them, which the magistrate had disregarded. The State opposed the bail, arguing the seriousness of the alleged offence. The Court examined whether the petitioners were entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S. despite the pending investigation. Finding the petitioners to have clean antecedents and noting the police exoneration, the Court allowed the anticipatory bail application. The order directed that, upon arrest or surrender within four weeks, each petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to the conditions of the cited statutes.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC in a murder case registered under Sections 103(1) and 3(5) of the B.N.S.
  • Whether the magistrate's refusal to accept the police final report justifies denial of bail
  • Whether Section 482 of the B.N.S. permits the High Court to intervene and grant bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • murder allegation
  • police exoneration
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5221 of 2026
                  Arising Out of PS. Case No.-257 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
           1.     Azam Miya S/o Md. Rafik R/o Village - Loharpati Motihari, P.S - Muffasil,
                  District - East Champaran
           2.    Sahanaz Khatoon W/o Azam Miya R/o Village - Loharpati Motihari, P.S -
                 Muffasil, District - East Champaran
           3.    Aamana Khatoon W/o Late Tabhar @ Late Thouvar Husain R/o Village -
                 Janerawa, P.S - Banjariya, District - East Champaran
           4.    Sadik Miya S/o Faiz Miya R/o Village - Janerawa, P.S - Banjariya, District -
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   24-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Banjariya P.S. Case No. 257 of 2025 registered

                   for the offence under Sections 103(1) and 3(5) of the B.N.S.

                                   3.    As per the prosecution case, petitioners are

                   alleged of committing murder of the deceased.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. It is next submitted that the
              Patna High Court CR. MISC. No.5221 of 2026(3) dt.24-02-2026
                                                          2/2




                        police investigated the case and exonerated the petitioner and

                        submitted the final form, however the Magistrate differed with

                        the final form. Petitioners have clean antecedent.

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

                        for anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioners, above named, in the event of

                        their arrest or surrender before the concerned Court below

                        within four weeks from today, be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

                        of the like amount each to the satisfaction of the learned Judicial

                        Magistrate 1st Class, East Champaran at Motihari/ concerned

                        Court below in connection with Banjariya P.S. Case No. 257 of

                        2025, subject to the conditions laid down in Section 438(2) of

                        the Code of Criminal Procedure, 1973 / Section 482 of the

                        BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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