Patna High Court
Raja Miyan @ Raja HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 351(2), 482(2), 61(2), 96
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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