Hanif Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10128 of 2026 Arising Out of PS. Case No.-303 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Hanif Miya S/o Madari Miya R/o Sugaw, P.S.- Sugauli, District- East Champaran, Bihar, 855456 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhanshu Prakash, Adv.

Karnika, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 341, 323, 307, 379, 120(B), 34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.

3. As per the prosecution case, on 25.06.2022 at about 8:45 PM, brother-in-law of informant went out on his motorcycle to purchase some articles and when reached near Chandni Petrol Pump, he was intercepted by unknown miscreants, who assaulted informant's brother-in-law and robbed cash of Rs. 5,000/-, one gold chain and his motorcycle. The local residents disclosed the name of petitioner and other co-accused persons, as habitual miscreants, who commit such offence near petrol pump. In course of treatment, informant's

Patna High Court CR. MISC. No.10128 of 2026(6) dt.30-06-2026 2/2 brother-in-law died.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has been falsely implicated in this case due to village politics. There is no eye-witness to the alleged occurrence and only on suspicion, petitioner has been made accused. No specific overt act has been alleged against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Sugauli P.S. Case No. 303 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J) anay U T