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Patna High Court

Arman MiyanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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