Akhtar HusainversusThe State of Bihar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.4166 of 2026
                     Arising Out of PS. Case No.-52 Year-2025 Thana- Bargaon District- Darbhanga
               ======================================================
               Akhtar Husain Manjur Alam Resident of Village - Bauram, P.S. - Bargaon,
               District – Darbhanga.                                   ... ... Petitioner/s
                                              Versus
               The State of Bihar                               ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :        Mr. Subhash Kumar Jha, Advocate
               For the Opposite Party/s :        Mr. Ram Priya Sharan Singh, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

2 06-02-2026                Heard Mr. Subhash Kumar Jha, learned counsel for the

               petitioner and Mr. Ram Priya Sharan Singh, learned Additional

               Public Prosecutor for the State.

                          2. The petitioner is apprehending his arrest in connection

               with Bargaon P.S. Case No. 52 of 2025, F.I.R. dated 06.06.2024 for

               the offences punishable under Sections 126(2), 115(2), 118(1), 109,

               352, 3(5) of the BNS, 2023.

                          3. As per the prosecution case, the informant alleged that

               the petitioner along with other co-accused persons assaulted the

               him by means of iron rod, sticks etc and when his father came to

               rescue him, one of the accused persons assaulted his father due to

               which his father received injury on head. Thereafter, the informant

               and his father were referred to DMCH, Darbhanga for better

               treatment.

                          4. Learned counsel for the petitioner submits that

               petitioner has clean antecedent and he has falsely been implicated
Patna High Court CR. MISC. No.4166 of 2026(2) dt.06-02-2026
                                            2/3




       in the present case. Although the petitioner is named in the FIR but

       from bare perusal of FIR it appears there is no specific allegation of

       assault attributed against him rather specific allegation of assault is

       attributed against co-accused persons namely, Firoz Alam and

       Tanjir Alam, that they assaulted the informant and his father by

       means of hard and blunt substance and other co-accused persons,

       namely, Md. Shamsuzzoha @ Samsuj and Md. Tausif have been

       granted the privilege of anticipatory bail by the co-ordinate Bench

       of this Court vide order dated 23.12.2025 in Cr. Misc. No. 84809 of

       2025.

                   5. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioner.

                    6. Considering the aforesaid facts and circumstances and

       the fact that the petitioner has clean antecedent and he is not named

       in the FIR and there is no specific allegation of assault attributed

       against him and similarly situated co-accused persons have been

       granted the privilege of anticipatory bail by the co-ordinate Bench

       of this Court, let the petitioner, above named, in the event of arrest

       or surrender before the court below within a period of thirty days

       from the date of receipt of the order, be released on bail on

       furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

       sureties of the like amount each to the satisfaction of the learned

       Judicial Magistrate, 1st Class, Biraul, Darbhanga in connection with
            Patna High Court CR. MISC. No.4166 of 2026(2) dt.06-02-2026
                                                        3/3




                   Bargaon P.S. Case No. 52 of 2025, subject to the conditions as laid

                   down under Section 438(2) of the Code of Criminal Procedure /

                   Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with

                   other following conditions:-

                                i. Petitioner shall co-operate in the trial and shall be

                   properly represented on each and every date fixed by the court and

                   shall remain physically present as directed by the court and on his

                   absence on two consecutive dates without sufficient reason, his

                   bail bond shall be cancelled by the Court below.

                                ii. If the petitioner tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                                iii. And further condition that the court below shall verify

                   the criminal antecedent of the petitioner and in case at any stage it

                   is found that the petitioner has concealed his criminal antecedent,

                   the court below shall take step for cancellation of bail bond of the

                   petitioner. However, the acceptance of bail bond in terms of the

                   above-mentioned order shall not be delayed for purpose of or in the

                   name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T