Patna High Court
Nainudin Miya @ Naimudin Miya @ Naimudin Miyan @ Naimuddin MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Nainudin Miya, Barkat Ali and Sonu Ali, applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant with an iron rod. The FIR described the assault in general terms and the injuries were said to be simple, while the petitioners asserted their innocence and clean antecedents. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the nature of the accusation, the modest extent of injury and the petitioners’ clean record, and found no compelling reason to deny bail. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and other conditions. The order directed that if the petitioners are arrested or surrender within eight weeks, they be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of assault under the specified sections of the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged injury and the petitioners’ clean antecedent justify the grant of bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- assault
- clean antecedent
- bail bond
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91572 of 2025
Arising Out of PS. Case No.-351 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Nainudin Miya @ Naimudin Miya @ Naimudin Miyan @ Naimuddin Miya
S/O Mustakim Miya Resident of Village- Kuraiya, P.S.- Dighwara, District-
Saran At Chapra
2. Barkat Ali @ Barkat Hussain S/O Nainudin Miya @ Naimudin Miya @
Naimudin Miyan @ Naimuddin Miya Resident of Village- Kuraiya, P.S.-
Dighwara, District- Saran At Chapra
3. Sonu Ali @ Md. Sonu Alam S/O Nainudin Miya @ Naimudin Miya @
Naimudin Miyan @ Naimuddin Miya Resident of Village- Kuraiya, P.S.-
Dighwara, District- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., these petitioners assaulted informant
and others by means of iron rod.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. Injuries sustained
Patna High Court CR. MISC. No.91572 of 2025(2) dt.19-01-2026
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by the injured are simple in nature. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injury and
clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-I, Saran at Chapra in connection with Dighwara P. S.
Case No. 351 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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