Patna High Court
Jamil AkhtarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109(1), 115(2), 118(2), 126(2), 3(5), 351(2), 352
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
3/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.