Md. Aliya @ Aliya Miya @ Aiya Miyan @ Alima Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17923 of 2026 Arising out of PS. Case No.-37 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Md. Aliya @ Aliya Miya @ Aiya Miyan @ Alima Miyan S/o Md. Kalim R/o Village - Bhalwahi, Shahpur Ward No. 8, P.S - Gwalpara, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Patarghat P.S. Case No. 37 of 2024 registered under Sections 341, 323, 307, 504, 506/34 IPC and Section 27 of the Arms Act.
3. The allegation is that on account of a prior dispute, some persons came to the shop of the informant. The petitioner is alleged to have assaulted the husband of the informant, which resulted in injury to his right hand. Thereafter, unknown persons opened fire, consequent to which the husband of the informant sustained an injury to the abdomen. Notably, the firearm injury is attributed to unknown persons and not to the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is not the main assailant. He further submits that the petitioner is accused in two cases, i.e., one under Section 307 IPC and another under the Excise Act, and that the petitioner has
Patna High Court CR. MISC. No.17923 of 2026(4) dt.27-05-2026 2/3 been in custody since 20.09.2024. It is further submitted that the prior case under Section 307 IPC does not, by itself, constitute a bar to the grant of bail in the present matter.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the case arises under Section 307 IPC, that the petitioner is not the main assailant inasmuch as the firearm injury is attributed to unknown persons, that the petitioner has a prior case under Section 307 IPC which has been taken into account and does not constitute an absolute bar to bail in the facts of the present case, and that the petitioner has been languishing in custody since 20.09.2024 without conclusion of trial, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeIII, Saharsa in connection with Patarghat P.S. Case No. 37 of 2024 (S.Tr. No. 282 of 2025).
8. It is made clear that any observation made herein is prima facie in nature and limited solely for
Patna High Court CR. MISC. No.17923 of 2026(4) dt.27-05-2026 3/3 the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
Vikash/- (Ansul, J) U T