Md. Niyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5274 of 2026 Arising Out of PS. Case No.-273 Year-2025 Thana- SONO District- Jamui ====================================================== Md. Niyaz S/o Md. Nisar Ansari @ Md. Nisar R/o Village - Paira Matihana @ Matihana chock, Police Station - Sono, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sono P.S. Case No.273 of 2025 dated 28.09.2025, registered for the offence punishable under Sections 126(2), 127(2), 115(2), 352, 351(2), 109, 308(2), 303(2) read with 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the informant alleged that petitioner and other co-accused persons assaulted him and others with lathi, rod, etc. during the occurrence, causing head and body injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the specific allegation of overt act
Patna High Court CR. MISC. No.5274 of 2026(3) dt.24-02-2026 2/3 is against co-accused Md. Sabbir while against the petitioner there is general and omnibus allegation. He further submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court vide order dated 23.02.2026 passed in Cr. Misc. No.10742 of 2026. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the fact that similarly situated coaccused has been granted bail by coordinate Bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jamui/ Successor Court in connection with Sono P.S. Case No.273 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;
Patna High Court CR. MISC. No.5274 of 2026(3) dt.24-02-2026 3/3 (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T