Patna High Court

MD. AKBAR @ AKBARversusTHE STATE OF BIHAR

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court allowed the anticipatory bail application, granting bail to the petitioners subject to conditions.

Summary

The petitioners sought anticipatory bail in connection with a criminal case (Jokihat P.S. Case No. 32 of 2025) involving offences under several sections of the Bihar Negotiable Sale Act and the Indian Penal Code. The prosecution alleged that the petitioners, who are agnates of the informant, attempted to seize ancestral land, trespassed with weapons, threatened the informant, and used a forged khatiyan. The petitioners contended they were falsely implicated and claimed innocence, acknowledging a prior criminal antecedent. The informant and the State opposed the bail, arguing the seriousness of the offences and potential for tampering with evidence. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482 of the BNSS, allowed the anticipatory bail application, directing release on bail with a bond of Rs. 10,000 and two sureties, subject to standard conditions.

Issues considered

Whether anticipatory bail can be granted under Section 438 CrPC and Section 482 BNSS in view of the alleged offences and facts.
Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Whether the land dispute and alleged forgery affect the grant of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Section 482 BNSS
land dispute
forgery
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39029 of 2025
                        Arising Out of PS. Case No.-32 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
           1.     Md. Akbar @ Akbar S/O Sharif R/O Vill.- Dhapi, Ward No. 8, P.S.- Jokihat,
                  District- Araria
           2.    Md. Ashraf @ Ashraf S/O Sharif R/O Vill.- Dhapi, Ward No. 8, P.S.-
                 Jokihat, District- Araria
           3.    Ajmal S/O Sharif R/O Vill.- Dhapi, Ward No. 8, P.S.- Jokihat, District-
                 Araria
           4.     Sharif S/O Nafil @ Sheikh Nafiluddin @ Late Nafil R/O Vill.- Dhapi, Ward
                  No. 8, P.S.- Jokihat, District- Araria
                                                                            ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :       Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   17-02-2026                    Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                   2. The       petitioners      apprehend       their    arrest   in

                   connection with Jokihat P.S. Case No. 32 of 2025 registered for

                   the offence under Sections 126(2), 115(2), 318(3), 318(4), 319(2),

                   352, 351(3), 3(5) of the B.N.S.

                                   3. As per the prosecution case, the informant claimed

                   ancestral land in Mauza Duba registered in her forefathers’ names

                   and in her possession. She alleged the accused tried to grab it,

                   trespassed on 5 January, 2025 with weapons, abused and

                   threatened her and used a forged khatiyan, later declared fake by

                   local authorities.
              Patna High Court CR. MISC. No.39029 of 2025(6) dt.17-02-2026
                                                          2/2




                                        4. It has been submitted by the learned counsel for

                        the petitioners that the petitioners are innocent and they have

                        falsely been implicated in this case. It is next submitted that

                        petitioners and informant are agnates and there is land dispute

                        between the parties and there is dispute with regard to the

                        khatiyan. Petitioners have one criminal antecedent.

                                          5. Learned counsel for the informant and learned

                        A.P.P. for the State have jointly opposed the prayer for anticipatory

                        bail of the petitioners.

                                        6. Considering the aforesaid facts, this application is

                        allowed.

                                        7. Let the petitioners, above named, in the event of

                        his arrest or surrender before the concerned Court below within

                        four weeks from today, be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned C.J.M., Araria/

                        concerned Court below in connection with Jokihat P.S. Case No.

                        32 of 2025, subject to the conditions laid down in Section 438(2)

                        of the Code of Criminal Procedure, 1973 / Section 482 of the

                        BNSS.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T

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