Patna High Court
Md. Shamim AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to cash bond, sureties and strict conditions.
Summary
The petitioner, Md. Shamim Akhtar, was arrested in connection with a case alleging that he assaulted an informant with a sharp‑edged weapon after the informant attempted to remove the dead body of the petitioner’s daughter. The offences alleged are under Sections 80, 103(1), 115(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, is the husband of the deceased, and that his wife had a history of illness for which he provided medical care. He has been in custody since 12‑06‑2025 and has one prior criminal antecedent. The State opposed bail, but the Court, considering the facts, the period of custody and the petitioner’s claim of innocence, granted bail subject to a cash bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner poses a risk of fleeing, tampering with evidence or intimidating witnesses
- Whether the bail bond and surety conditions are sufficient to ensure the petitioner’s compliance
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 3(5), 351(2), 351(3), 80
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- surety
- trial conditions
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79899 of 2025
Arising Out of PS. Case No.-758 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Md. Shamim Akhtar S/o- Md. Noor Alam R/v- Nasirganj, Hariganj Chowk
Ps- Katihar Po- Katihar Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Saroj Kumari Choudahry, Advocate
For the informant : Mr. Mr. Kamlesh Kumar, Advocate
Ms. Kahkashan Alam, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State. Perused
the case diary.
2. The petitioner seeks bail in connection with Katihar
Nagar P.S. Case No. 758 of 2024, instituted for the offences
under Sections 80, 103(1), 115(2), 351(2), 351(3) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 13.10.2024, the
petitioner informed the informant that his daughter is unwell.
When informant along with other family members went to the
house of petitioner, they saw that his daughter was lying on the
bed and no movement in the body. It is alleged that when
informant tried to take away the dead body of the deceased to
Patna High Court CR. MISC. No.79899 of 2025(3) dt.11-02-2026
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his house, then petitioner and his other family members attacked
on him with sharp-edged weapon.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that petitioner is the
husband of the deceased. The marriage was solemnized with the
deceased in the year 2011. In para-43 and 44 of the case diary,
the sons of the petitioner and deceased have given their
statements that their mother (deceased) used to fall ill on several
occasions and petitioner always used to take her to the Doctor
for treatment. Charge-sheet has been submitted in this case. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 12.06.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.79899 of 2025(3) dt.11-02-2026
3/3
Court in connection with Katihar Nagar P.S. Case No. 758 of
2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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