Patna High Court
Md. AkbarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied due to the nature and gravity of the offences.
Summary
The petitioners, Md. Akbar and Md. Dilwar, sought anticipatory bail fearing arrest in a murder case (Case No. 343 of 2023) involving offences under Sections 147, 148, 149, 341, 323, 324, 302, 120B, 504 and 506 of the Indian Penal Code. The prosecution alleged that the petitioners, along with others, killed the deceased using a sword, knife and axe. The investigating officer submitted that sufficient evidence had been gathered against the petitioners. Considering the seriousness and gravity of the alleged offences, the High Court declined to grant anticipatory bail and ordered the petitioners to surrender within two weeks to apply for regular bail. The Court also directed the Chief Judicial Magistrate of Araria to dispose of pending applications for process within one week and communicated the order to the District & Sessions Judge and the Superintendent of Police, Araria.
Issues considered
- Whether anticipatory bail should be granted in a case involving murder and other serious IPC offences.
- Whether the court can conditionally direct surrender and seek regular bail in lieu of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 323, 324, 341, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- murder
- serious offences
- bail procedure
- judicial delay
- Chief Judicial Magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19267 of 2025
Arising Out of PS. Case No.-343 Year-2023 Thana- FORBESGANJ District- Araria
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1. Md. Akbar Son of Tajuddin Resident of village- Haldiya Bokara and Doriya
Ward no. 08, Ps- Simraha, Dist- Araria
2. Md. Dilwar Son of Tajuddin Resident of village- Haldiya Bokara and Doriya
Ward no. 08, Ps- Simraha, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State. Pursuant to the order dated
11.03.2026, the SHO of Forbesganj (Simraha) Police Station
and the Investigation Officer are present and assisted the Court.
2. The petitioners apprehend arrest in connection with
Forbesganj (Simraha) P.S. Case No. 343 of 2023 registered for
offences under Sections 147, 148, 149, 341, 323, 324, 302,
120B, 504 and 506 of the Indian Penal Code.
3. According to the prosecution case, the petitioners,
along with others, are accused of killing the deceased. The
accused allegedly assaulted the deceased with a sword, knife,
axe, and other weapons.
4. The I.O. of the case submits that sufficient evidence
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has come against the petitioners during the investigation.
5. Considering the nature and gravity of offence, this
court is not inclined to grant the privilege of anticipatory bail to
the petitioners in the present case.
6. Accordingly, this application for anticipatory bail is
rejected.
7. The petitioners are directed to surrender in the
concerned Court below within a period of two weeks from today
and seek regular bail, failing which the Superintendent of
Police, Araria will take all steps for the arrest of the petitioners.
8. It has been submitted by the SHO of Forbesganj
(Simraha) Police Station and the I.O. of the case that the Chief
Judicial Magistrate, Araria is not cooperating in issuing process
against the accused persons and the police officers are being
made to run again and again and the application for issuance of
process is kept pending by the Chief Judicial Magistrate since
2025.
9. The Chief Judicial Magistrate should not delay the
disposal of the applications filed by the Investigating Officers in
various cases. The applications must be disposed of by him
within one week of its filing and not beyond that.
10. The personal appearance of the officers is
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dispensed with.
11. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Araria and the
Superintendent of Police, Araria through FAX for its compliance
forthwith.
(Sandeep Kumar, J)
Shishir/-
U
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