Patna High Court
Akbar @ Akbar Khan @ Akbar IdrisversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Akbar Khan, sought bail fearing arrest in a case (Shastrinagar PS Case No. 587 of 2025) involving alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). The prosecution alleged that the petitioner assaulted the informant's wife with the butt of a pistol, causing serious injury, and that the incident stemmed from a suspected love affair with the informant's daughter. The petitioner contended that the injured wife’s statement identified co‑accused Amjad as the assailant, that the injury was minor, and that he has a clean antecedent. The State opposed bail, emphasizing the specific accusation against the petitioner. After considering the statements, the nature of the injury, and the petitioner's antecedents, the court ordered bail on the condition of a Rs.10,000 bond with two sureties and additional conditions under Section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations of assault under the BNS.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- assault
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73887 of 2025
Arising Out of PS. Case No.-587 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Akbar @ Akbar Khan @ Akbar Idris S/o Late Shamim Khan R/o Village-
Apartment Flat No. 306, Madarsa Gali, Raja Bajar, P.S.- Shashtri Nagar,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Shastrinagar P.S. Case No. 587 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 109(1), 352,
351(2), 3(5) of the BNS.
3. Based upon the written report, the prosecution
alleges that when the informant’s wife along with her daughter
and one another person went to the house of the petitioner to
make them understand not to tease the daughter, the petitioner
and others started abusing. It is specifically alleged that this
petitioner assaulted the wife of the informant by means of butt
of the pistol over her head due to which she sustained serious
injury. There is further allegation against other accused persons
of causing assault and abusing the informant and others. The
Patna High Court CR. MISC. No.73887 of 2025(3) dt.11-02-2026
2/3
reason behind such occurrence is said to be that the petitioner
used to call the minor daughter of the informant and take her
outside.
4. Learned Advocate for the petitioner submitted that
the entire allegation falls to the ground for the simple reason
that the injured, the wife of the informant, in her statement
recorded in para-5 has categorically stated that it was co-
accused Amjad, who had assaulted over her head due to which
she sustained injury. The injury which is allegedly sustained to
the informant’s wife, the same has also been found to be simple
in nature, as is evidence from the injury report and as discussed
in para-34 of the case diary. The petitioner is said to be the
person of clean antecedent and undertakes that he will fully
cooperate in the proceeding of the court. The entire occurrence
is said to have arisen on account of a suspected love affairs
between the petitioner and the daughter of the informant. The
false implication of the petitioner cannot be ruled out
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
there is specific accusation of assault against the petitioner.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
Patna High Court CR. MISC. No.73887 of 2025(3) dt.11-02-2026
3/3
of statement of the injured, besides the nature of injury as well
as the fair antecedent of the petitioner, let the petitioner
abovenamed be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-IX, Patna/successor court
in connection with Shastrinagar P.S. Case No. 587 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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