Patna High Court
Md AkbarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail is granted to the petitioners subject to bond and surrender conditions.
Summary
The petitioners, Md Akbar and his son Md Riyazul, were implicated in a case alleging an altercation on 06‑02‑2026 that led to injuries to an informant and the alleged theft of gold ornaments and Rs. 18,000. They filed a bail application, asserting that they are innocent, victims of village politics, and that the injuries were minor. The State opposed the bail, citing multiple serious charges under the Bharatiya Nyaya Sanhita. The court examined the facts, noted the petitioners’ clean criminal record and the nature of the injuries, and considered the political context. Consequently, the court granted bail subject to a bond of Rs. 10,000 each with two sureties and a six‑week surrender condition, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the accused persons despite the serious charges under the Bharatiya Nyaya Sanhita
- Whether the petitioners’ clean antecedent and the nature of the alleged injuries justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 117(2), 126(2), 303(2), 324(4), 324(5), 3(5), 351(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- theft
- political victimisation
- clean antecedent
- injury
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41448 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- HABIBPUR District- Bhagalpur
======================================================
1. Md Akbar S/O Late Md. Hafeez R/O Vukk,- Takbichak Habibpur, P.s.-
Habibpur, Dist.- Bhagalpur.
2. Md. Riyazul @ Riyazul Mansoori @ Md Riyazul Mansoori S/O Md. Akbar
R/O Vukk,- Takbichak Habibpur, P.s.- Habibpur, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh. A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 74, 324(4), (5), 117(2),
303(2), 352, 351(2), (3), and 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, it is alleged that on
06.02.2026 at about 9 A.M., an altercation erupted between the
informant and the accused persons which resulted in injuries to
the informant and his family members. It is also alleged that the
Patna High Court CR. MISC. No.41448 of 2026(2) dt.01-07-2026
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accused persons entered into the house of the informant and
took gold ornaments and Rs. 18,000/- cash.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to village politics. Learned counsel for the
petitioners further submits that injuries to the injured are simple
in nature. He next submits that there is case and counter case
between the parties. Petitioner no.1 is aged about 67 years.
Petitioners have no criminal antecedent and they undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties,
nature of injury and clean antecedent of the petitioners, let the
above named petitioners be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, First Class, Bhagalpur, in connection with Habibpur
P.S. Case No. 25 of 2026, subject to the conditions as laid down
Patna High Court CR. MISC. No.41448 of 2026(2) dt.01-07-2026
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under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
Utkarsh.k/Koustav
U T
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