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Patna High Court

Abas Miya @ Abbas AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Abas Miya, was arrested in connection with a theft case (Baniyapur P.S. Case No. 369 of 2025) alleged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with others, broke into an informant's house and stole household items, silver, land documents and a scooty. The petitioner contended that he was falsely implicated based solely on a co‑accused's disclosure, that no incriminating material was found in his possession, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. After considering the facts, the period of custody since 26‑08‑2025, and the petitioner’s single prior criminal antecedent, the Court decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and subject to appearance requirements and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the nature of the offences and the circumstances of the case
  • Whether the petitioner’s claim of false implication and lack of incriminating material affect the bail decision

Legislation cited

Subjects

  • bail
  • theft
  • false implication
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 103
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88353 of 2025
                       Arising Out of PS. Case No.-369 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Abas Miya @ Abbas Ali Son of Rahim Miyan R/o - Village - Dhobawal
                 Bazar, P.S. - Baniyapur, Dist. - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shrinath Manjhi, Advocate
                 For the Opposite Party/s :       Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Baniyapur P.S. Case No. 369 of 2025 instituted for the offences

                   under Sections 331(4), 305 of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. Prosecution case, in short, is that petitioner along

                   with other miscreants committed theft from the informant’s

                   house by breaking the locks and stealing household articles,

                   silver belongings and land documents as also scooty.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of
Patna High Court CR. MISC. No.88353 of 2025(2) dt.12-01-2026
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          disclosure made by co-accused Mintu Kumar. No incriminating

          article has been recovered from the conscious possession of the

          petitioner. Learned counsel further submitted that petitioner has

          got no concern with the stolen articles. It has been submitted on

          behalf of the petitioner that the petitioner is in custody since

          26.08.2025 and has one criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023.

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

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Baniyapur P.S. Case

          No. 369 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.88353 of 2025(2) dt.12-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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