Patna High Court
Mukhtar Mian @ Mukhtar MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 110, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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
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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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