Patna High Court
Monir Miya @ Manir MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Monir Miya was arrested in connection with a 2016 case involving alleged assault, arson and the death of a woman, charged under IPC Sections 341, 323, 326, 307, 504, 34 and later 302. The petitioner claimed innocence, stating that no incriminating material was found on his person and that the charge‑sheet was vague and omnibus. He had been in custody since 2 October 2024 and had no prior criminal record, while a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. Considering the length of custody, lack of specific evidence against the petitioner and his clean record, the Court granted bail on a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused charged with serious offences including murder (Section 302 IPC) given the facts and circumstances of the case
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 326, 34, 341, 504
Subjects
- bail
- Indian Penal Code
- murder
- assault
- arson
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64922 of 2025
Arising Out of PS. Case No.-44 Year-2016 Thana- TARAIYA District- Saran
======================================================
Monir Miya @ Manir Miya Son of Khush mohammad Resident of Village -
Pokhrera, P.S.- Taraiya, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 16-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Taraiya
P.S. Case No. 44 of 2016, instituted for the offences punishable
under Sections 341, 323, 326, 307, 504/34 of the Indian Penal
Code and later on Section 302 of the Indian Penal Code was
added.
3. The prosecution case, in short, is that the informant
alleges that accused persons assaulted her and her daughter,
poured kerosene on her, set her on fire, due to which she
received severe burn injuries and later on died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case and
charge has been framed against the petitioner. No incriminating
Patna High Court CR. MISC. No.64922 of 2025(5) dt.16-01-2026
2/2
material has been recovered from the conscious possession of
the petitioner. Learned counsel for the petitioner also submits
that no specific allegation has been attributed against the
petitioner rather the same is general and omnibus in nature. The
petitioner is in custody since 02.10.2024 and has got no criminal
antecedent. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 14.11.2025 passed in Cr. Misc. No. 60415 of
2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Taraiya P.S. Case
No. 44 of 2016.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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