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Patna High Court

Raja Miyan @ Raja HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail subject to a bail bond, sureties and compliance with conditions under Section 482(2) of the BNSS.

Summary

Raja Miyan, a resident of Bathwariya in West Champaran, feared arrest in a case registered under Sections 96, 351(2), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. He pleaded that he has a clean antecedent and sought anticipatory bail, relying on a prior order granting such relief to Nanku Mian in Criminal Miscellaneous No. 35902 of 2025. The State opposed the relief. The Patna High Court, after noting the earlier order and the petitioner’s assurance of cooperation, granted anticipatory bail on the condition of furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS. The Court also stipulated that the trial court may cancel the bail if the petitioner fails to cooperate with the investigation. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending criminal case.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • Section 482
  • clean antecedent
  • parity
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90754 of 2025
                 Arising Out of PS. Case No.-64 Year-2024 Thana- BATHWARIA District- West Champaran
                 ======================================================
                 Raja Miyan @ Raja Hussain Son of Isarafil Miyan Resident of Village- Bazar
                 Bathwariya, P.S.- Bathwariya, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   11-03-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 96, 351(2),

                   61(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent. It is next submitted

                   that Nanku Mian had approached this Court seeking anticipatory

                   bail by filing Criminal Miscellaneous No. 35902 of 2025 and

                   the same came to be allowed by an order dated 20.08.2025, the

                   learned counsel, thus, seeks anticipatory bail for the petitioner

                   based on parity. It is next submitted that petitioner will not

                   abscond rather will co-operate in the investigation to prove his

                   innocence.
Patna High Court CR. MISC. No.90754 of 2025(3) dt.11-03-2026
                                            2/3




                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. The Court has perused the order dated 20.08.2025

          in Criminal Miscellaneous No. 35902 of 2025.

                       6. After hearing the learned counsel for the parties

          and taking into consideration the order dated 20.08.2025 in

          Criminal Miscellaneous No. 35902 of 2025, the petitioner

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned trial court where the case is pending/successor court

          in connection with Bathwariya P.S. Case No. 64 of 2024 subject

          to the conditions as laid down under Section 482 (2) of BNSS.

                       7. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned Trial Court bringing to its notice that petitioner despite

          giving assurance to this Court is not co-operating in the

          investigation, in that event the learned Trial Court shall be at

          liberty to cancel the bail bonds of the petitioner.

                       8. Let a copy of this order be sent to the concerned

          police station through the learned Trial Court.
            Patna High Court CR. MISC. No.90754 of 2025(3) dt.11-03-2026
                                                        3/3




                                   9. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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