Patna High Court
Md. NomanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that pre‑arrest bail could not be granted and therefore denied the bail application.
Summary
The petitioner, Md Noman, a daily‑wage labourer, was implicated in a case alleging obstruction of a public servant and assault on a mining officer, invoking multiple offences under the Bihar Minerals and Substances Act and the Bihar Minerals Amendments Rules. The prosecution alleged that he forcibly hindered the officer’s duties and assaulted the officer and his team. The petitioner’s counsel argued that he was innocent, that no specific allegation was made against him, and that he was being falsely implicated. The State opposed bail, citing the informant’s statement and corroborating witnesses, and emphasized the seriousness of the charges. Considering the nature and gravity of the allegations, the court rejected the petition for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences alleged under the Bihar Minerals and Substances Act and related rules.
Subjects
- pre‑arrest bail
- obstruction of public servant
- assault
- Bihar Minerals Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82783 of 2025
Arising Out of PS. Case No.-238 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Md. Noman Son of Late Kalar Miya @ Late Sakur Resident of Village-
Sitapur, Ward no. 14, Ps- Birpur, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 126(2), 115(2), 118(1),
303(2), 317(2), 132, 351(2), 352 and 3(5) of B.N.S and Section
56 of Bihar Minerals Amendments Rules.
3. As per the prosecution case, petitioner is alleged to
have obstructed the public servant from discharging his duties
forcibly and also assaulted the Mining Officer and his team.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. It is further submitted that there is no specific allegation
against the petitioner and he is daily wage earner.
5. Learned counsel for the State opposes the prayer
for bail and submitted that as per para- 4, 5, 6 and 7 of the case
Patna High Court CR. MISC. No.82783 of 2025(2) dt.05-01-2026
2/2
diary, the informant and witnesses have supported the case of
prosecution.
6. Considering the nature and gravity of allegation,
prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
shivam/-
U T
Checking your session…