Patna High Court
Md. Nashim @ Nashima Miyan @ Nasima MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as the allegations against him are merely ancillary and he has a clean antecedent.
Summary
The petitioner, Md. Nashim, feared arrest in a case where his son was accused of assault under Section 103(1) of the B.N.S. The FIR only alleged that the petitioner tried to help his son evade the police, with no other charges against him. The petitioner argued that he has a clean antecedent and was falsely implicated solely because of his relationship with the co‑accused. The Additional Public Prosecutor opposed bail, but the court noted the lack of direct evidence against the petitioner and his clean record. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. 2023, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated only as a father of the co‑accused
- Whether the allegations in the FIR constitute sufficient ground to deny bail under Section 438(2) CrPC and Section 482(2) B.N.S.
Legislation cited
- B.N.S. — s. 103(1), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- false implication
- Section 438 CrPC
- Section 482 B.N.S.
- clean antecedent
- father‑son relationship
- Section 103(1) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88257 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Md. Nashim @ Nashima Miyan @ Nasima Miyan Son of Md. Kasim
Resident of Village- Shiekhopur Sarai, P.S.- Sheikhopur Sarai, District-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-01-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioner and Mr. Raj Kishor Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sheikhopur Sarai P.S. Case No. 137 of 2025,
F.I.R. dated 08.10.2025 for the offences punishable under
Section 103 (1) of the B.N.S.
3. According to prosecution case, the specific
allegation of assault is attributed against co-accused namely,
Md. Sarfaraz, who happens to be the son of the petitioner. The
only allegation against the petitioner is that he is trying to
evading his son from the place of occurrence. Except aforesaid,
no any other allegation in the F.I.R. is against the petitioner.
Patna High Court CR. MISC. No.88257 of 2025(2) dt.09-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Both the parties are agnates. Petitioner has been made accused
in this case only due to being father of the co-accused, namely,
Md. Sarfaraz.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, petitioner has been made accused in this case only
due to being father of the co-accused, namely, Md. Sarfaraz. let
the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Sheikhpura in connection with Sheikhopur Sarai P.S.
Case No. 137 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of BNSS, 2023 and with other following conditions:
Patna High Court CR. MISC. No.88257 of 2025(2) dt.09-01-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.