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2026 DAILYLAW 12201 (PAT)

Bhola Miya @ Md. Kashim v. The State of Bihar

CR. MISC./8469/2026 · 2026-04-01

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8469 of 2026 Arising Out of PS. Case No.-308 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Bhola Miya @ Md. Kashim S/o- Raja Budin Miya R/v- Chargaha Lalban Tola Ps- Turakauliya District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar, Adv. For the Opposite Party/s : Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 3 01-04-2026 Heard Learned Counsel for the petitioner and Learned APP for the State. 2. Learned counsel for the petitioner submits that due to inadvertent mistake, the typed copy of fardbeyan could not be corrected. Therefore, he submits that hand written fardbeyan is readable. As such, he requests that the typed copy of the same may be ignored and statement of hand written fardbeyan may be considered. 3. The petitioner is apprehending arrest in connection with Kotwa P.S. Case No.308 of 2025 lodged on 08.08.2025, for the offences punishable under Sections 103(1), 61(2) and 3(5) of the B.N.S., 2023. 4. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioner Patna High Court CR. MISC. No.8469 of 2026(3) dt.01-04-2026 2/3 with allegation that they killed the informant’s daughter due to demand of dowry. 5. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the marriage of the informant’s daughter was solemnised in the year 2017 and FIR has been lodged in the month of August, 2025. Therefore, the allegation of dowry death shall not be attracted. He further submits that all the allegations are general and omnibus. 6. Counsel submits that the criminal antecedent of the petitioner is clean and husband of the informant’s daughter is already in custody, but the said pleading could not be mentioned in the bail application. 7. Counsel further submits that the petitioner is a brother-in-law (Nandosi) and has distant relationship with informant and his family member. 8. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary has been called for in which paragraph 18 states that the husband of the deceased has already been arrested on 09.08.2025 and petitioner is a brother-in-law (Nandosi). 9. As such, in the present facts and circumstances of Patna High Court CR. MISC. No.8469 of 2026(3) dt.01-04-2026 3/3 this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Motihari, East Champaran in connection with Kotwa P.S. Case No.308 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. Prakashmani/- (Dr. Anshuman, J) U T