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Patna High Court

Nainudin Miya @ Naimudin Miya @ Naimudin Miyan @ Naimuddin MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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