Patna High Court

Bikau MiyaversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail should be granted as there is no material evidence linking the petitioner to the alleged murder, he has clean antecedents and the trial is pending.

Summary

Bikau Miya was arrested in connection with a case alleging murder, concealment of body and conspiracy under IPC sections 302, 201, 120B and 34. The prosecution’s case is based solely on the informant’s statement that the accused last saw the deceased before his body was found near a railway line, but the informant is not an eye‑witness and the death appears to be a train accident. The petitioner contended that there is no material linking him to the crime, he has no prior criminal record and the trial is still pending. The State opposed bail, but the court noted the lack of evidence, the petitioner’s clean antecedents and the fact that a co‑accused had already been granted bail. Accordingly, the court allowed bail, ordering release on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail can be granted to the petitioner despite the serious charges under sections 302, 201, 120B and 34 of the IPC
Whether the absence of direct evidence and the petitioner’s clean antecedents justify bail

Legislation cited

Indian Penal Code — s. 120B, 201, 302, 34

Subjects

bail
murder
IPC sections 302 201 120B 34
presumption of innocence
trial pending
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84269 of 2025
                        Arising Out of PS. Case No.-371 Year-2023 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Bikau Miya S/o- Aamir Miya Village- Islampur PS- Riga Dist - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Hans Lal Kumar, Advocate
                 For the State            :        Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 302, 201, 120B and 34 of the

                   Indian Penal Code.

                                3. As per prosecution case, all 5 F.I.R. named accused

                   persons, including this petitioner, called the son of informant

                   and took him towards Janki Mandir and thereafter, dead body of

                   son of informant was found near the railway line. Informant

                   suspects that all the F.I.R. named accused persons, including this

                   petitioner, killed his son and threw his dead body near the

                   railway track.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.84269 of 2025(3) dt.12-02-2026
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          From bare perusal of the F.I.R. it is apparent that informant is

          not an eye witness to the alleged occurrence. At best, it is a case

          of last seen with the deceased. During investigation, no material

          has come to show the complicity of this petitioner in the alleged

          occurrence. As a matter of fact, the deceased died in a train

          accident and petitioner has falsely been implicated in this case

          merely on suspicion. It is further submitted that till date, trial

          has not been concluded. Moreover, co-accused Seraj, having

          similar and identical allegations, has already been granted bail

          by this Hon’ble Court vide order dated 30.01.2026 passed in Cr.

          Misc. No. 68203 of 2025. Charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 06.09.2023.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity, period of custody and clean antecedents of the petitioner,

          the prayer for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.84269 of 2025(3) dt.12-02-2026
                                                         3/3




                       satisfaction of learned A.C.J.M.-VI, Sitamarhi in connection

                       with Riga P.S. Case No. 371 of 2023.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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