Patna High Court

Naushad Miyan @ Naushad KhanversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail was granted subject to the conditions of Section 482(2) of the B.N.S.S.

Summary

Naushad Miyan petitioned for anticipatory bail in a case (PS Chanpatiya No. 178 of 2025) where he was alleged to have participated in an assault on an informant, along with three co‑accused, under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the B.N.S.S. The prosecution claimed the petitioner seized the informant from behind while another accused stabbed the informant’s neck. The petitioner contended he was falsely implicated, that the injury was self‑inflicted, and that no knife was recovered, only a blood‑stained blade wrapped in newspaper. The State opposed the bail. The Court, after considering the submissions, ordered that if the petitioner is arrested or surrenders within six weeks, he may be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail is warranted under the circumstances of the case
Whether the allegations against the petitioner constitute a ground to deny bail
Application of Section 482(2) of the B.N.S.S. in granting bail

Legislation cited

B.N.S.S. — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352

Subjects

anticipatory bail
false implication
Indian Penal Code
Section 482 CrPC
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78392 of 2025
                 Arising Out of PS. Case No.-178 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Naushad Miyan @ Naushad Khan S/O Saifullah Khan R/O Village-
                 Karampatti (Karanpatti, Pokhariya Kharg), P.S- Chanpatiya, Distt.- West
                 Champaran.                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Chanpatiya P.S. Case No. 178 of 2025 instituted under

                   Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the

                   BNS.

                                3. As per the prosecution case, four co-accused

                   persons including the petitioner came on two motorcycles and

                   took the informant on the campus of the house of one Anjan

                   Miyan forcibly. The allegation against the petitioner is that he

                   caught the informant from his back and co-accused Subhash

                   Yadav assaulted the informant with his knife on his neck,

                   causing injury to him.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this
          Patna High Court CR. MISC. No.78392 of 2025(2) dt.05-01-2026
                                                      2/2




                    case. He further submits that the injury caused to the informant

                    is self-manufactured and simple in nature caused with the help

                    of blade. The police has recovered a blade with blood stain

                    wrapped in newspaper which clearly suggest that no knife was

                    recovered as alleged in the FIR and with the ulterior motive, the

                    petitioner has been falsely implicated in this case. The petitioner

                    has no criminal antecedent and he undertakes to cooperate in the

                    trial and investigation.

                                 5. Learned A.P.P. for the State opposes the prayer for

                    anticipatory bail.

                                 6. Considering the facts and circumstances of the case

                    and submissions of learned counsel for the parties, in the event

                    of arrest or surrender before the Court below within six weeks

                    from today, the petitioner be released on bail upon furnishing

                    bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                    sureties of the like amount to each to the satisfaction of the

                    learned Judicial Magistrate 1st Class, Bettiah, West Champaran

                    in connection with Chanpatiya P.S. Case No.178 of 2025,

                    subject to the conditions laid down in Section 482(2) of the

                    B.N.S.S.


                                            (Sunil Dutta Mishra, J)
AjayMishra/-
U     T

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