Patna High Court
Md AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md Akhtar, applied for bail in a case registered under Section 309(4) of the B.N.S. concerning an alleged assault and robbery. The prosecution alleged that four miscreants attacked the informant and stole his belongings, while the petitioner was not named in the FIR but was implicated through a confessional statement of another accused, Kushum Kumar. The petitioner argued that no incriminating material was found on him and that he had only one prior criminal antecedent. The State opposed bail. The court, after considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, imposing conditions such as personal appearance at trial and verification of antecedents, and warned of cancellation upon violation. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the facts of the case and his criminal antecedent
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- Section 309(4)
- B.N.S.
- criminal antecedent
- confessional statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84756 of 2025
Arising Out of PS. Case No.-415 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Md Akhtar Son of Md. Abdul @ Dilip Resident of Mohalla - Housing Colony,
Ward No. - 10, P.S. - Kanti, District - Muzaffarpur, (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The State of Bihar Patna High Court
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tejendra Sinha, Adv.
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Kanti
P.S. Case No. 415 of 2025 dated 18.08.2025 registered for the
offence punishable under Section 309(4) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that while he was returning back from Muzaffarpur, four
miscreants all of sudden stopped him and surrounded him and
assaulted him with the butt of pistol. It is further alleged that the
miscreants thereafter, robbed the informant of his cloths, mobile
and purse containing Rs. 1200/- in cash and fled away.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and his name has surfaced in
Patna High Court CR. MISC. No.84756 of 2025(2) dt.05-01-2026
2/3
the confessional statement of one Kushum Kumar. It has next
been submitted that no incriminating article has been recovered
from the conscious possession of the petitioner and whatever
has been recovered, is from the possession of one Kushum
Kumar. It is lastly submitted that the petitioner has one criminal
antecedent and he is in custody since 10.09.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-1st, West Muzaffarpur in connection with
Kanti P.S. Case No. 415 of 2025, subject to the following terms
and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
Patna High Court CR. MISC. No.84756 of 2025(2) dt.05-01-2026
3/3
will liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…