Patna High Court
Arman MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The petition for anticipatory bail is allowed.
Summary
Arman Miyan was implicated in a case concerning the theft of two Bolero vehicles, with the prosecution alleging offences under Sections 317(2), 318(4), 336(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating that no stolen articles or documents were found in his possession and that his name was linked to the crime only through confessional statements of co‑accused persons. The court noted the absence of direct incriminating material against the petitioner and the unreliability of the co‑accused’s statements, while also considering the petitioner’s prior criminal antecedent and bail status. The State opposed the bail, but the court, applying Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties. The petitioner was ordered to surrender within six weeks of the order.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the lack of direct evidence and reliance on co‑accused confessional statements?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 318(4), 336(3), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- confessional statements
- stolen vehicle
- bail conditions
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91653 of 2025
Arising Out of PS. Case No.-211 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Arman Miyan Son of Moharram Miyan Resident of Village- Manikpur, P.S.-
Harsidhi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Harsidhi P.S. Case No. 211 of 2025, instituted for the offences
punishable under Sections 317(2), 318(4), 336(3) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that two stolen
Bolero vehicles have been recovered from the possession of co-
accused persons and on demand of papers, they failed to
produce any valid documents before the police.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91653 of 2025(2) dt.16-01-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner was not present on
spot and name of the petitioner has transpired in this case on the
basis of confessional statement made by co-accused persons,
namely Brajesh Pandey and the same has got no evidentiary
value. It is further submitted that no any stolen articles have
been recovered from the possession of the petitioner and the
petitioner is not the owner of the alleged vehicles. The petitioner
has got one criminal antecedent in which he is on bail. Learned
counsel for the petitioner further submits that other co-accused
has been granted regular bail by this Court vide order dated
07.08.2025 passed in Cr. Misc. No. 50987 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail 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 Harsidhi P.S. Case
No. 211 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.91653 of 2025(2) dt.16-01-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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