Patna High Court
Abas Miya @ Abbas AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
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
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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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