Patna High Court
Md. NiyazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The petitioner is entitled to bail, subject to the conditions imposed under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Niyaz, sought bail in connection with an FIR (Sono P.S. Case No.273 of 2025) alleging assault and multiple offences under the Bharatiya Nyaya Sanhita. He contended that the allegations against him were vague and that a specific overt act was attributed only to co‑accused Md. Sabbir, further noting that a similarly situated co‑accused had been granted bail by a coordinate bench. The State opposed the bail on the ground of the seriousness of the charges. The Court observed the precedent of bail granted to the co‑accused and the petitioner’s clean criminal record, and held that bail could be granted subject to statutory safeguards. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑tampering with witnesses. The order was pronounced by Justice Ajit Kumar.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite the nature of the offences alleged.
- Whether the grant of bail to a similarly situated co‑accused warrants a similar relief to the petitioner.
- Whether the lack of a specific overt act against the petitioner and his clean record justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 303(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- surety
- court appearance
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5274 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- SONO District- Jamui
======================================================
Md. Niyaz S/o Md. Nisar Ansari @ Md. Nisar R/o Village - Paira Matihana
@ Matihana chock, Police Station - Sono, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Sono P.S. Case No.273 of 2025 dated
28.09.2025, registered for the offence punishable under Sections
126(2), 127(2), 115(2), 352, 351(2), 109, 308(2), 303(2) read
with 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the informant alleged that
petitioner and other co-accused persons assaulted him and
others with lathi, rod, etc. during the occurrence, causing head
and body injuries.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. He further submits that the specific allegation of overt act
Patna High Court CR. MISC. No.5274 of 2026(3) dt.24-02-2026
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is against co-accused Md. Sabbir while against the petitioner
there is general and omnibus allegation. He further submits that
similarly situated co-accused has been granted bail by
coordinate Bench of this Court vide order dated 23.02.2026
passed in Cr. Misc. No.10742 of 2026. Lastly, it is submitted
that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the fact that similarly situated co-
accused has been granted bail by coordinate Bench of this
Court, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-II, Jamui/ Successor Court in
connection with Sono P.S. Case No.273 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
Patna High Court CR. MISC. No.5274 of 2026(3) dt.24-02-2026
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(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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