Patna High Court
Akhtar Ali @ GoldenversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Akhtar Ali was arrested in connection with a murder alleged to have been committed under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The informant, the deceased's wife, claimed that a gang of land‑mafia operatives, including the petitioner, opened fire on her husband, resulting in his death. The prosecution relied on an eye‑witness statement under Section 161 Cr.P.C. by Intekhaab Alam and a confessional statement of co‑accused Md. Afsar, which implicated the petitioner, but there was no direct evidence linking the petitioner to the shooting. The petitioner, who had been in judicial custody since 27‑09‑2025, sought regular bail, arguing the lack of material against him. The State opposed bail, citing two prior criminal cases. After considering the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the existence of a confessional statement implicating him.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
- Code of Criminal Procedure, 1973 — s. 161
Subjects
- bail
- murder
- arms act
- criminal antecedent
- confessional statement
- eye‑witness testimony
- land mafia
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87752 of 2025
Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Akhtar Ali @ Golden S/o Haidar Sipahi @ Md. Haidar Ali R/o Pathan Toli,
Naya Tola, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
For the Informant : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Kumar Awnish Ankit, Advocate
Mr. Aakash Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
4 13-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned Senior counsel for the Informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103(1) &
61(2) of the Bharatiya Nyaya Sanhita and under Section 27 of
the Arms Act.
3. The case of the prosecution, in short, is that the
informant (wife of the deceased) was going along with her
husband Sayyad Anwar Alam and nephew Intekhaab Alam on
bike towards her farm from Haroon Nagar colony to Nohsha. It
is further alleged that the petitioner along with other four
persons started firing at informant’s husband and he died due to
Patna High Court CR. MISC. No.87752 of 2025(4) dt.13-03-2026
2/3
bullet injuries. All the assailants fled away. The informant
alleges that her husband has been killed at the behest of other
named ten accused persons. All these persons are working in the
gang of land mafia Naushad Mallick.
4. Learned counsel for the petitioner has submitted
that from perusal of the FIR it is clear that the informant and
Intekhaab Alam were the eye-witness of this case. Intekhaab
Alam has given his statement under Section 161 Cr.P.C. in
paragraph ‘87’ of the case diary wherein he has stated that he
was going to see the fields. Shahrukh and Md. Afsar pointed
gun at his uncle. When the uncle of Intekhaab, i.e. deceased
objected, Md. Afsar shot at him and it is further alleged that
Afsar again fired at the deceased. Intekhaab has seen other
persons in a four wheeler. So from the statement of eye-witness
Intekhaab it is clear that the deceased has received two firearm
injuries. During course of investigation, Md. Afsar has also
given his confessional statement and has stated that this
petitioner and others have told him to kill the deceased and in
return he will be given Five Lakh rupees and one kattha of land.
Save and except the confessional statement of the co-accused
persons, there is nothing against the petitioner. Moreover, the
main thrust of allegation is against Md. Afsar who has fired at
Patna High Court CR. MISC. No.87752 of 2025(4) dt.13-03-2026
3/3
the deceased. Learned counsel for the petitioner has submitted
that the petitioner is languishing in judicial custody since
27.09.2025.
5. Learned Additional Public Prosecutor for the State
and learned Senior counsel for the Informant have vehemently
opposed the bail and has submitted that the petitioner is having
criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Phulwari Sharif P.S. Case No. 779 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned court of A.C.J.M.-
IVth, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.03.2026
Transmission Date 13.03.2026
Checking your session…