Patna High Court
Md. Bilal @ Bilal Miyan @ Belal MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court rejected the petitioner's application for regular bail.
Summary
The petitioner, Md. Bilal, was arrested in connection with a case registered under several sections of the Indian Penal Code, including extortion, robbery, and assault. The informant alleged that Bilal forcibly seized Rs.1,30,000 and demanded a larger sum, while the petitioner claimed the informant was his neighbour and that the allegations were false. The petitioner, who has 11 prior criminal cases, sought regular bail, arguing lack of motive and false implication. The State opposed bail, emphasizing the seriousness of the offences, the petitioner’s criminal history, and the risk of absconding. The court considered the submissions and found no sufficient basis to grant bail, noting the petitioner’s antecedent cases and the nature of the charges. Consequently, the court rejected the regular bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite multiple serious antecedent cases.
- Whether the allegations against the petitioner constitute false implication warranting bail.
- Whether there is a likelihood of the petitioner absconding if released on bail.
Legislation cited
- Indian Penal Code — s. 115(2), 190, 191(2), 191(3), 308(5), 326(b), 351(2), 351(3), 352
Subjects
- bail
- Indian Penal Code
- extortion
- false implication
- antecedent cases
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74168 of 2025
Arising Out of PS. Case No.-783 Year-2024 Thana- ARA NAGAR District- Bhojpur
======================================================
Md. Bilal @ Bilal Miyan @ Belal Miyan Son of Late Nizamuddin @ Nizzu
Resident of Village - Abarpul, P.S.- Ara Nagar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner seeks bail in connection with Ara
Nagar P.S. Case No.783/2024, registered for the offences
punishable under Sections 191(2), 191(3), 190, 326(b) 308(5),
352, 351(2), 351(3), 115(2) of the B.N.S.S.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 11 cases and is in custody since
30.05.2025 and the informant alleges that petitioner forcefully
took Rs.1,30,000/- from his pocket and thereafter made him get
down from the motorcycle and thereafter took him to the street of
Dr. Anwar, further petitioner earlier had demanded extortion of
Rs.10 lacs.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner and the informant are
Patna High Court CR. MISC. No.74168 of 2025(3) dt.26-02-2026
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next door neighbour. It is further submitted that it does not appear
probable that petitioner would have demanded extortion from his
neighbour.
5. Learned APP Mr. Rabindra Kumar vehemently
opposes the prayer for bail and submits that if what has been
submitted by the learned counsel appearing on behalf of the
petitioner is true i.e. petitioner and the informant are neighbour, as
such why the petitioner would have demanded extortion or would
have snatched Rs.1,30,000/- and thus has been falsely implicated
in the case but then in that event the petitioner would have brought
on record previous animosity which was brewing in between him
and the informant but then from perusal of the pleading, it does not
appear that any reason for false implication has been pleaded. It is
also submitted that petitioner has antecedent of 11 serious cases
and if privilege of regular bail is granted, the petitioner may
abscond.
6. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
7. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
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