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2026 DAILYLAW 1470 (PAT)

Azam Miya v. The State of Bihar

CR. MISC./5221/2026 · 2026-02-24

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5221 of 2026 Arising Out of PS. Case No.-257 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== 1. Azam Miya S/o Md. Rafik R/o Village - Loharpati Motihari, P.S - Muffasil, District - East Champaran 2. Sahanaz Khatoon W/o Azam Miya R/o Village - Loharpati Motihari, P.S - Muffasil, District - East Champaran 3. Aamana Khatoon W/o Late Tabhar @ Late Thouvar Husain R/o Village - Janerawa, P.S - Banjariya, District - East Champaran 4. Sadik Miya S/o Faiz Miya R/o Village - Janerawa, P.S - Banjariya, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Karandeep Kumar, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Banjariya P.S. Case No. 257 of 2025 registered for the offence under Sections 103(1) and 3(5) of the B.N.S. 3. As per the prosecution case, petitioners are alleged of committing murder of the deceased. 4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. It is next submitted that the Patna High Court CR. MISC. No.5221 of 2026(3) dt.24-02-2026 2/2 police investigated the case and exonerated the petitioner and submitted the final form, however the Magistrate differed with the final form. Petitioners have clean antecedent. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the aforesaid facts, this application is allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, East Champaran at Motihari/ concerned Court below in connection with Banjariya P.S. Case No. 257 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. tusharika/- (Sandeep Kumar, J) U T