Patna High Court
Bhola Miyan @ Bholi Miyan @ Bholi MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is eligible for regular bail and allowed the bail application.
Summary
The petitioner, Bhola Miyan, applied for regular bail in a case registered under Section 64 of the B.N.S., 2023 for alleged molestation of a minor. He claimed innocence and highlighted that he was already on bail in another case, though he had a prior criminal antecedent. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s antecedents. The court examined the facts, the period of custody since July 12, 2025, and the petitioner’s circumstances. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 64 of the B.N.S., 2023 despite a prior criminal antecedent and the nature of the alleged offence.
Legislation cited
- B.N.S., 2023 — s. 64
Subjects
- regular bail
- Section 64
- B.N.S. 2023
- criminal antecedent
- custody
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87686 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Bhola Miyan @ Bholi Miyan @ Bholi Miya S/O Hakim Miyan @ Halim
Miyan R/o Vill.- Bhitaha Sahi Tola, Ward No. 14, P.s.- Bairiya, District- West
Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. X S/O Y R/o Vill.- Bagahi Nuniya Tola, Ward No. 5, P.s.- Bairiya, District-
West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Bairiya P.S. Case No. 282 of 2025 registered for the offence
under Section 64 of the B.N.S., 2023.
3. The petitioner is accused of molesting the victim
girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner has one criminal antecedent and he is on bail in that
case. Petitioner is in custody since 12.07.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.87686 of 2025(3) dt.02-04-2026
2/2
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned J.M., 1st Class, Bettiah, West
Champaran/concerned Court below in connection with Bairiya
P.S. Case No. 282 of 2025.
(Sandeep Kumar, J)
Ranjeet/-
U T
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