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Patna High Court

Md. Akbar Ali @ Akbar Ali @ Md. AkbarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail must be granted as there is no likelihood of tampering and the petitioner has a clean antecedent.

Summary

The petitioner, Md. Akbar Ali, was arrested in connection with a robbery, assault and illegal possession of arms alleged under Sections 309(6) and 317(2) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The prosecution’s case rests mainly on the confessional statement of a co‑accused, Md. Arju Imam, as the petitioner’s name does not appear in the FIR. The petitioner’s counsel argued that he has no criminal antecedent, has been in custody since 27‑07‑2025, the charge‑sheet has already been filed and there is no risk of tampering with evidence. The State opposed bail, contending that the co‑accused’s confession implicates the petitioner. The court, after considering the clean antecedent, the completed charge‑sheet and the lack of any material suggesting tampering, granted bail subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and non‑tampering. The bail order was pronounced by Justice Alok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 309(6), 317(2) of the BNS and Section 27 of the Arms Act.
  • Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
  • Whether there is a likelihood of tampering with evidence or witnesses that warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • confession of co‑accused
  • clean antecedent
  • evidence tampering
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87566 of 2025
                   Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Md. Akbar Ali @ Akbar Ali @ Md. Akbar S/o- Md. Mofid R/v- Ratwara PS-
                 Kalyanpur Dist- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   09-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner seeks bail in connection with

                   Kalyanpur P.S. Case No. 262 of 2025 registered for the offences

                   punishable under Sections 309(6) and 317(2) of the BNS and

                   Section 27 of the Arms Act.

                                    3. As per prosecution case, informant and his

                   brother-in-law were going to informant’s house on their

                   respective motorcycles. It is alleged that two miscreants on one

                   motorcycle intercepted the motorcycle of informant’s brother-

                   in-law and another two miscreants on other motorcycle overtook

                   the informant’s motorcycle and stopped him and on the point of

                   pistol, unknown miscreants compelled the informant to get

                   down from the motorcycle and started assaulting the informant
Patna High Court CR. MISC. No.87566 of 2025(2) dt.09-01-2026
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          and his brother-in-law. It is alleged that one of the miscreants

          assaulted the informant’s brother-in-law upon his head by means

          of pistol as a result of which he became injured. It is further

          alleged that two miscreants pointed pistol upon the informant

          and his brother-in-law and snatched the bag containing 14 gram

          gold, 400 gram silver, bunch of keys and the locker key.

          Thereafter, one mobile, Rs. 6,000/- (in cash) and informant’s

          Adhar Card were also snatched by the miscreants and they fled

          away.

                          4. Learned counsel for the petitioner submits that

          petitioner is quite innocent and has committed no offence as

          alleged in the FIR and he has falsely been implicated in the

          present case. He further submits that petitioner is not named in

          FIR. During the course of investigation, the name of the

          petitioner has been transpired in this case upon the confessional

          statement of the co-accused Md. Arju Imam. Except

          confessional statement of said co-accused, there is nothing on

          record to demonstrate the complicity of the present petitioner

          with the alleged occurrence. He further submits that no TIP has

          been conducted up till now. Petitioner is in custody since

          27.07.2025 and he bears no criminal antecedent. Charge sheet

          has been submitted in the case and there is no likelihood of
Patna High Court CR. MISC. No.87566 of 2025(2) dt.09-01-2026
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          tampering with the prosecution evidence.

                          5. The learned A.P.P. for the State vehemently

          opposes the prayer for bail of the petitioner by submitting that

          the name of the petitioner has been transpired in this case upon

          the confessional statement of co-accused Md. Arju Imam.

          Hence, he does not deserve bail.

                          6. Considering the facts and circumstances of the

          case, period of custody, keeping in view clean antecedent of

          petitioner, charge sheet has been submitted in the case and there

          is no likelihood of tampering with the prosecution evidence,

          argument advanced on behalf of both sides and also taking into

          consideration the material available on record, let the petitioners

          above named be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of learned C.J.M.,

          Samastipur in connection with Kalyanpur P.S. Case No. 262 of

          2025, subject to following conditions:-

                          (i) One of the bailors shall be either father or

          mother or sister or brother or wife or the person who has sworn

          the affidavit in bail application.

                          (ii) Petitioners will co-operate in trial and will

          remain present on all dates and absence for two consecutive
             Patna High Court CR. MISC. No.87566 of 2025(2) dt.09-01-2026
                                                         4/4




                       dates without appropriate permission, would be a ground for

                       cancellation of bail by the learned Trial court itself.

                                       (iii) If the petitioners tamper with the evidence or

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

                       move for cancellation of bail.



                                               (Alok Kumar Pandey, J)
alok/-

U        T


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