Patna High Court
Akhlakur Rahman @ Akbar MallikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with conditions of cooperation and availability for trial.
Summary
The petitioner, Akhlakur Rahman (aka Akbar Mallik), was arrested in connection with a case registered under Sections 109, 308(2), 3(5) of the BNS and Section 27 of the Arms Act, alleging that he threatened an informant and was involved in a firing incident near Bihta-Daniyawan. The prosecution contended that the petitioner demanded a vehicle or Rs. 8 lakh and that firing was carried out, while the petitioner claimed innocence, stating there was no injury to the informant and that the case arose from a personal dispute over a vehicle. The petitioner also highlighted that he had been granted bail in other pending cases and had been in custody since 30 June 2025. The learned counsel for the informant opposed bail, arguing the seriousness of the offences. After considering the facts, the court ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to his cooperation and availability for trial proceedings.
Issues considered
- Whether regular bail should be granted in a case involving offences under Sections 109, 308(2), 3(5) of the BNS and Section 27 of the Arms Act
- Whether the petitioner’s claim of innocence and lack of injury to the informant warrant bail
Legislation cited
Subjects
- regular bail
- bail bond
- surety
- Criminal Procedure Code
- Arms Act
- attempt to murder
- criminal conspiracy
- cooperation with trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67764 of 2025
Arising Out of PS. Case No.-229 Year-2025 Thana- BIHTA District- Patna
======================================================
Akhlakur Rahman @ Akbar Mallik S/O Md. Hasibur Rahman R/O Mohalla-
Baignabad, Near Masjid, Ibrahim Colony, P.S- Bihar, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad
For the Opposite Party/s : Mr.Renuka Ratnakar (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 31-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Bihta P.S. Case No. 229 of 2025, registered for the offences
punishable under Sections 109, 308(2), 3(5) of the BNS and
Section 27 of the Arms Act.
3. The prosecution case, in short, is that the informant
alleges that while travelling from Delhi to Biharsharif on
30.03.2025, he was allegedly followed near Bihta-Daniyawan by a
Toyota Fortuner and a Mahindra Thar and that firing was allegedly
made. It is further alleged that prior to the occurrence, the
petitioner had threatened the informant with a demand of a vehicle
or Rs. 8 lakh.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that there is no injury on the
person of the informant. In fact, a dispute arose when the brother
Patna High Court CR. MISC. No.67764 of 2025(6) dt.31-01-2026
2/2
of the informant took a vehicle from the petitioner, which is the
reason that the petitioner has falsely been implicated. He has also
submitted that, except for the one case mentioned in paragraph no.
3 of the bail petition, the petitioner has been granted bail in all
other cases. The petitioner has been in custody since 30.06.2025.
5. On the other hand, the learned counsel for the
informant has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
ACJM-II, Danapur/concerned court in connection with Bihta P.S.
Case No. 229 of 202, subject to the following conditions that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
7. The petitioner shall cooperate in the disposal of
trial and make himself available on each and every date till
conclusion of the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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