Created by Fuzzy Cloud

Patna High Court

Samir Mian @ Md. SamirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                               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/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.