Patna High Court
Md. Akhtar @ Md. Akhtar AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted bail to the petitioner, subject to a bond and conditions, recognizing his right to bail in the circumstances.
Summary
The petitioner, Md. Akhtar, was implicated in a FIR alleging that he, along with two others, fired at an informant and threatened him via mobile, in a dispute over agricultural land. He faced charges under Sections 190, 191(2), 191(3), 308(5), 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023. The petitioner pleaded innocence, arguing the case stemmed from a land conflict and that two co‑accused had already been granted anticipatory bail. The State opposed bail, but the court noted the similarity of the allegations to those of the co‑accused and the petitioner’s right to bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.30,000 and compliance with conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail despite the serious charges under the B.N.S.S.
- Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 190, 191(2), 191(3), 2(1)(d), 308(5), 351(2), 351(3), 352, 482(2)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- land dispute
- firearms
- threat
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42420 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
Md. Akhtar @ Md. Akhtar Ali S/o Md. Samid Resident of Village -
Sukharghat, Ward No.- 7, P.S.- Kishanpur - Ratwara, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Beldaur P.S. Case No. 11 of 2026 lodged on 11.01.2026,
for the offence punishable under Sections 191(2), 191(3), 190,
308(5), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution, FIR has been lodged against
08 named accused persons including the present petitioner. The
specific allegation is that three accused persons namely, Md.
Irshad, Md. Akhtar (petitioner) and Md. Irfan have fired at the
informant, but he somehow managed to save his life and escape.
At the time of occurrence, the petitioner along with those two
accused persons had desi katta in their hand. It has also been
Patna High Court CR. MISC. No.42420 of 2026(2) dt.08-07-2026
2/3
alleged by the informant that the petitioner has also threatened
him on mobile.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that the entire dispute has arisen due to agriculture work in the
field for the land in question. He submits that the informant and
the petitioner’s side were interested in the said land, as
mentioned in the FIR and the present FIR has been lodged after
a delay of two days. Counsel further submits that there are case
and counter case filed from both the sides and the petitioner has
one criminal antecedent in which, he is on bail. Counsel further
submits that two accused persons with same allegation have
been granted anticipatory bail by the Co-ordinate Bench of this
Court vide order dated 07.07.2026 passed in Cr. Misc. No.
40695 of 2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that two accused persons
with same allegation have been granted anticipatory bail by the
Co-ordinate Bench of this Court.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on bail, in
the event of arrest or surrender before the Trial Court within a
Patna High Court CR. MISC. No.42420 of 2026(2) dt.08-07-2026
3/3
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Judicial
Magistrate 1st Class, Khagaria, in connection with Beldaur P.S.
Case No. 11 of 2026, subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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