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Patna High Court

Mukhtar Mian @ Mukhtar MiyanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners Mukhtar Mian, Satar Mian and Arun Mian sought anticipatory bail fearing arrest in a criminal case (Shikarpur PS Case No.646 of 2025) alleging offences under several sections of the Bhartiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that on 17 June 2025 the petitioners, along with others, assaulted an informant, causing injuries to the head, leg and shoulder, stole a gold chain and threatened the victim's family. The petitioners contended that no allegation exists against Mukhtar Mian and that the assaults on Satar Mian and Arun Mian were on non‑vital parts of the body and did not result in grievous injury, thus they were innocent. The State opposed the anticipatory bail application. The Court, noting the lack of allegation against the first petitioner and the nature of the injuries to the second and third petitioners, inclined to grant anticipatory bail. Accordingly, the Court ordered release on anticipatory bail subject to bail bonds and conditions under Section 482(2) of the BNS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences under the BNS.
  • Whether the alleged assaults constitute offences involving grievous injury under the cited sections.
  • Whether Section 482(2) of the BNS permits the Court to discharge the petitioners on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • grievous injury
  • Section 482
  • BNS
  • bail
  • FIR
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8127 of 2026
                  Arising Out of PS. Case No.-646 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Mukhtar Mian @ Mukhtar Miyan S/o- Late Sadik Mian R/v- Haraha
                  Narkatiaganj Ward No. 21 P.S- Shikarpur District- West Champaran
           2.    Satar Mian S/o- Mukhtar Mian R/v- Haraha Narkatiaganj Ward No. 21 P.S-
                 Shikarpur District- West Champaran
           3.     Arun Mian S/o- Kurban Mian R/v- Haraha Narkatiaganj Ward No. 21 P.S-
                  Shikarpur District- West Champaran
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bimlesh Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr.Renuka Ratnakar,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehends their arrest in

                   connection with Shikarpur P.S. Case No.646 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 118(1), 110,

                   303(2), 352, 351(2), 3(5) of BNS.

                                3. The Prosecution is in brief is that on 17.06.2025 at

                   12:30 o'clock regarding a previous dispute, informant's

                   neighbour Mukhtar Mian, 2. Satar Mian, 3. Rojit Mian, 4.

                   Amrun Mian and 5. Yenura Khatoon altogether came at the door

                   of informant and started abusing him. When informant opposed

                   such act, accused Mukhtar Mian grabbed him from behind then
Patna High Court CR. MISC. No.8127 of 2026(2) dt.17-02-2026
                                            2/3




          accused Rojit Mian assaulted with Farsa on informant's head

          with intention to kill him due to which he received head injury

          and blood started oozing out and he fell on the ground. After

          that accused Satar Mian assaulted informant with iron rod on his

          left leg repeatedly and injured him and accused Arun Mian also

          assaulted informant with Lathi on his left shoulder due to which

          his shoulder got fractured and he got badly injured. After that

          accused Yenura Khatoon took informant's golden chain worth

          Rs. 60,000/- from his neck and all accused persons threatened

          informant to kill all his family members if he lodges a case

          against them. On noise, villagers came and saved informant and

          brought him to Sub-Divisional Hospital, Narkatiaganj for

          treatment. Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence as

          alleged in the FIR and they have falsely been implicated in this

          case. Further submits that that there is no allegation against

          Mukhtar Mian and the allegation against petitioner no.2, Satar

          Mian and petitioner no.3, Arun Mian is of having assaulted on

          non vital parts of the body, which has not resulted in any

          grievous injury.

                       5. The learned APP opposes the anticipatory bail
          Patna High Court CR. MISC. No.8127 of 2026(2) dt.17-02-2026
                                                      3/3




                    application.

                                 6. Considering the fact that there is no allegation

                    against Mukhtar Mian (petitioner no.1) and also that the

                    allegation against petitioner no.2, Satar Mian and petitioner

                    no.3, Arun Mian is of having assaulted on non vital parts of the

                    body, which has not resulted in any grievous injury, this Court is

                    inclined to grant anticipatory bail to the petitioners.

                                 7. Accordingly, the petitioners above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on

                    anticipatory bail on his furnishing bail-bonds in the sum of

                    Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of the learned Judicial

                    Magistrate, Ist Class, Bettiah, West Champaran in connection

                    with Shikarpur P.S. Case No.646 of 2025 subject to the

                    conditions laid down under Section 482(2) of the Bhartiya

                    Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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