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Patna High Court

Jamil AkhtarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners 1 and 2 are entitled to pre‑arrest bail, while petitioner 3 is denied pre‑arrest bail.

Summary

The petitioners Jamil Akhtar, Samil Akhtar and Issrafil Gaddi were charged under several sections of the Bihar Penal Code for allegedly assaulting an informant and his family. The petitioners claimed they were falsely implicated and that any injuries caused were incidental and in self‑defence. The State opposed their request for pre‑arrest bail. The Court examined the FIR, noted a case‑and‑counter‑case scenario, and held that petitioners 1 and 2 had made out a prima facie case for bail, granting them pre‑arrest bail with a bond and surety conditions. Petitioner 3, however, was denied pre‑arrest bail due to specific allegations of assaulting the informant’s father, though he may seek regular bail before the District Court.

Issues considered

  • Whether petitioners 1 and 2 are entitled to pre‑arrest bail despite the charges under sections 126(2), 115(2), 118(2), 109(1), 352, 351(2) and 3(5) of the Bihar Penal Code.
  • Whether the allegations against petitioner 3 warrant denial of pre‑arrest bail.
  • Whether the presence of a case‑and‑counter‑case and lack of clear intent affect bail eligibility.

Legislation cited

Subjects

  • pre‑arrest bail
  • prima facie case
  • self‑defence
  • Bihar Penal Code
  • Section 482
  • criminal charges
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37646 of 2026

                  Arising Out of PS. Case No.-382 Year-2026 Thana- SIKARPUR District- West Champaran
                 ======================================================
           1.     Jamil Akhtar, aged about- 22 years, Gender- Male, S/o- Issrafil Gaddi @
                 Isarfil @ Israfil Gaddi,
           2.    Samil Akhtar, aged about- 20 years, Gender- Male, S/o- Issrafil Gaddi @
                 Isarfil @ Israfil Gaddi
           3.    Issrafil Gaddi @ Isarfil @ Israfil Gaddi, aged about- 45 years, Gender-
                 Male, S/o- Mangan Gaddi
                 All resident of village- Panchawa, P.S- Shikarpur, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   01-07-2026                     Heard Mr. Sujeet Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Raj Kishor Singh, learned

                   APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Shikarpur P.S. Case No. 382 of 2026 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(2),

                   109(1), 352, 351(2) and 3(5) of the BNS.

                                 3. As per the allegation made in the FIR, petitioners
Patna High Court CR. MISC. No.37646 of 2026(2) dt.01-07-2026
                                            2/4




          along with other co-accused, had alleged assaulted the

          informant and his family members by means of lathi, farsa,

          sticks and iron rod, causing injury to them.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. General and

          omnibus allegation has been levelled against the petitioners.

          Both the parties were indulged into fierce-fight and the

          petitioners, in their self defence, may have caused injury to the

          informant side, without intention. Injuries sustained by the

          informant side are found to be simple in nature. There is case

          and counter case between the parties. On these grounds,

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, general and omnibus allegation has been levelled

          against the petitioners no. 1 and 2. There is case and counter

          case between the parties. I am of the opinion that petitioners no.

          1 and 2 have, prima facie, made out a case to be released on pre-

          arrest bail.
Patna High Court CR. MISC. No.37646 of 2026(2) dt.01-07-2026
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                       7. The petitioners no. 1 and 2, above named, are

          directed to be released on pre-arrest bail, in the event of their

          arrest or surrender before the learned District Court within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned District Court

          where the case is pending, in connection with Shikarpur P.S.

          Case No. 382 of 2026, subject to the condition as laid down

          under Section 482(2) of the BNSS.

                       8. So far as, petitioner no. 3 is concerned, considering

          the specific allegation against him that he along with Ghayas

          Gaddi had assaulted the father of the informant causing injury

          on his head, I am not inclined to enlarge the petitioner no. 3 on

          pre-arrest bail.

                       9. However, the petitioner no. 3, if so advised, may

          surrender before the learned District Court and seek regular bail.

          In that case, the learned District Court may consider to dispose

          of the bail application of the petitioner on the same day on the

          basis of material which has come in course of investigation.

                       10. The learned District Court is directed to verify

          the criminal antecedent of the petitioners no. 1 and 2 as

          stated in paragraph no. 3 of the bail application. If any other

          case is pending against the petitioners no. 1 and 2 as what has
              Patna High Court CR. MISC. No.37646 of 2026(2) dt.01-07-2026
                                                          4/4




                        been stated in paragraph no. 3, this order will lose its force

                        automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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