Patna High Court
Amin MiyanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner.
Summary
Amin Miyan was arrested in connection with a case registered under Sections 447, 341, 323, 324, 307, 302, 279, 504 and 34 of the Indian Penal Code, alleging that he assaulted the deceased with a farsa causing a fatal head injury. The petitioner, who has been in custody since 30 October 2024, applied for regular bail, claiming innocence. The State opposed the bail, arguing that the allegations are serious and that prima facie material links the petitioner to the offences. After considering the gravity of the charges and the evidence on record, the Court declined to grant regular bail. The order emphasizes that the observations are prima facie and limited to the bail application, without prejudice to the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the seriousness of the offences and the existence of prima facie evidence.
Legislation cited
- Indian Penal Code — s. 279, 302, 307, 323, 324, 34, 341, 447, 504
Subjects
- regular bail
- Indian Penal Code
- murder
- assault
- criminal procedure
- prima facie evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56145 of 2025
Arising Out of PS. Case No.-182 Year-2024 Thana- BAIRIYA District- West Champaran
======================================================
Amin Miyan S/O Alim Mian Village- Siswa Sareya Man, P.S.- Bairiya,
District- West Champaran, Bettiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bairiya P.S. Case No. 182 of 2024 registered for the offence
under Sections 447, 341, 323, 324, 307, 302, 279, 504/34 of the
Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged
to have assaulted the deceased with a farsa, and the cause of
death has been found to be the head injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.10.2024.
5. Learned counsel for the State vehemently opposes
the bail application and submits that the allegations against the
Patna High Court CR. MISC. No.56145 of 2025(5) dt.10-04-2026
2/2
petitioner are serious and grave in nature. It is contended that
there exists prima facie material against the petitioner indicating
his involvement in the commission of the offence.
6. Having considered the submissions of the parties,
the nature, and gravity of the allegations as well as the materials
on record, this Court is not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…