Patna High Court
Md. Akbar @ AkabarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to petitioners No. 2 and No. 3 but denied it to petitioner No. 1.
Summary
The petitioners, three brothers, sought anticipatory bail after an FIR (Forbesganj PS Case No. 373 of 2025) alleged they assaulted an informant and his relatives, causing grievous injuries, and charged them under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners claimed innocence, alleging false implication and pointing to a counter‑case (Case No. 372 of 2025) filed by them. The State opposed bail, emphasizing the specific allegation that petitioner No. 1 assaulted the informant’s brother‑in‑law with an iron rod, causing six grievous injuries. The High Court, applying the provisions of the B.N.S.S., 2023, granted anticipatory bail to petitioners No. 2 and No. 3 subject to conditions, but refused bail to petitioner No. 1. Consequently, the bail application was partially allowed.
Issues considered
- Whether petitioner No. 1 is entitled to anticipatory bail under Section 2(1)(d) and Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault causing grievous injuries.
- Whether petitioners No. 2 and No. 3 qualify for anticipatory bail under the same statutory provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 190, 191(2), 2(1)(d), 303(2), 482(2)
Subjects
- anticipatory bail
- false implication
- assault
- grievous injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29257 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- FORBESGANJ District- Araria
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1. Md. Akbar @ Akabar S/o- Md. Mainuddin R/v- Ramai, W.No-9, Forbesganj
Ps- Forbesganj Dist- Araria
2. Ishtiyaque @ Istak S/o- Mainuddin R/v- Ramai, W.No-9, Forbesganj Ps-
Forbesganj Dist- Araria
3. Istam S/o- Md. Mainuddin R/v- Ramai, W.No-9, Forbesganj Ps- Forbesganj
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Forbesganj P.S. Case No. 373 of 2025 lodged
on 21.07.2025, for the offence punishable under Sections
191(2), 190, 126(2), 115(2), 118(1), 303(2), 109 & 118(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
13 named accused persons including the present petitioners. It
has been alleged in the FIR that the accused Babbar has
assaulted the informant’s brothers and also took Rs.1,50,000/-
Patna High Court CR. MISC. No.29257 of 2026(2) dt.06-05-2026
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from the informant’s brother Bablu. It has been further alleged
that all the accused persons came armed with weapons assaulted
the informant and his neighbours. It has been specifically
alleged against the petitioner no.1 that he along with two other
accused persons have assaulted the informant’s bhagna Mikael
and informant’s jija by iron rod, due to which, they become
unconscious and fell down.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioners have falsely been
implicated in this case. He submits that for the same date and
place of occurrence, there are case and counter case from both
the sides i.e. one case has been lodged from the petitioners’ side
bearing Forbesganj P.S. Case No. 372 of 2025 and the present
case has been lodged from the informant’s side bearing
Forbesganj P.S. Case No. 373 of 2025. He further submits that
the petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that against petitioner no.1,
there is specific allegation to assault the informant’s bhagna
Mikael and informant’s jija by iron rod. He further submits that
in the rejection order, it has been acknowledged by the Sessions
Patna High Court CR. MISC. No.29257 of 2026(2) dt.06-05-2026
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Judge that the said Mikael sustained six injuries which are
grievous in nature.
6. As such, in the present facts and circumstances of
this case, let the petitioner no. 2 namely, Ishtiyaque @ Istak and
petitioner no. 3 namely, Istam be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Chief
Judicial Magistrate, Araria, in connection with Forbesganj P.S.
Case No. 373 of 2025, subject to the conditions as laid down
U/s 482(2) of the B.N.S.S., 2023.
7. So far as bail application of petitioner no.1 namely,
Md. Akbar @ Akabar is concerned, this Court is not inclined to
grant bail to him. Accordingly, the prayer for anticipatory bail of
the petitioner no.1 stands rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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