Patna High Court
Samir Mian @ Md. SamirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Samir Mian, was implicated in a police case alleging assault with a knife on an informant and others on 17 July 2024. He applied for anticipatory bail, claiming false implication due to village rivalry and noting the absence of any injury reports for the alleged victims. The prosecution could produce only a simple injury report for a third person and had no medical evidence for the primary complainant or another injured party. The court observed that the prosecution had failed to substantiate the injuries and that the petitioner had no prior criminal record. Consequently, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the lack of injury evidence and his clean criminal record.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351, 352
Subjects
- anticipatory bail
- assault
- injury report
- criminal antecedent
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52583 of 2025
Arising Out of PS. Case No.-349 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Samir Mian @ Md. Samir S/o Aarman Main @ Md. Arman R/o Village-
Dwardevi Chowk, P.S.- Kalibagh, District- West Champaran, Bettiah, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Preeti Kumari
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
8 06-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bettiah Town Police Station Case No. 349 of 2024,
dated 27.07.2024, disclosing offences punishable under
Sections 126(2)/115(2)/118(1)/109(1)352/351/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 17.07.2024, at about 10:05 PM, the petitioner
and other accused persons arrived in front of the house of
the informant on a motorcycle, having no silencer. The
informant requested the accused persons not to make
noise through motorcycle, upon which the petitioner and
Patna High Court CR. MISC. No.52583 of 2025(8) dt.06-04-2026
2/3
other accused persons started abusing and attacked the
informant. It has been alleged that the petitioner has
assaulted the informant by means of knife on his chest
and when one Jamal Mian intervened to save the
informant, other accused persons assaulted him also.
4. Learned Counsel for the petitioner submits that the
petitioner has falsely been implicated in this case due to
village rivalry. The allegation against the petitioner that
he assaulted by means of knife on the chest of the
informant, but during the entire investigation, the
prosecution has not brought any injury report of the
informant, Farman Alam. From the impugned order, it
appears that the injuries caused to the informant’s friend,
Arman Alam, against whom there is no whisper in the
First Information Report, are simple in nature. The injury
report of the another injured, Jamal Mian, has also not
been brought on record. The petitioner is having no
criminal antecedent.
5. Learned Additional Public Prosecutor, referring to the
case diary, submits that the injury report of Arman Mian
is on record, which are simple in nature, The injury
reports of the informant, Farman Alam, as well as another
Patna High Court CR. MISC. No.52583 of 2025(8) dt.06-04-2026
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alleged injured, namely, Jamal Alam, are not on record.
6. Considering the nature of allegation and the fact that the
prosecution has failed to produce the injuries sustained by
the informant and Jamal Mian and the petitioner is having
no criminal antecedent, I am inclined to grant the
petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-II, West
Champaran, at Bettiah, in connection with Bettiah Town
Police Station Case No. 349 of 2024, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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