Patna High Court
Md. Hakim AkhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Hakim Akhtar, sought anticipatory bail in a case registered under Sections 302, 120(B) and 34 of the Indian Penal Code concerning the death of an informant's husband, allegedly caused by an electric shock while working at a co‑accused's house. The prosecution alleged that the petitioner was part of a conspiracy to murder, but the petitioner’s counsel argued that the FIR contains no specific allegation against him and that he was implicated merely on suspicion. The State opposed the bail, contending the seriousness of the charges. The Court examined the nature of the accusation, the lack of direct incriminating material against the petitioner, and the precedent of bail being granted to similarly situated co‑accused. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court allowed anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Does Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, empower the Court to grant anticipatory bail in a case involving alleged murder and conspiracy?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- anticipatory bail
- murder
- conspiracy
- IPC
- Section 482
- bail bond
- electrical accident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88256 of 2025
Arising Out of PS. Case No.-323 Year-2023 Thana- GAURICHAK District- Patna
======================================================
Md. Hakim Akhtar Son of Md. Shamim Akhtar Resident of village - Bardah,
P.S.- Muffasil, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 302, 120(B)/34 of the
Indian Penal Code .
3 . Prosecution case , in brief, is that husband of the
informant went to Patna along with this petitioner and other
F.I.R. named accused persons to earn livelihood. Thereafter, on
25.05.2023 at about 8:30 AM, informant received information
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on mobile phone that her husband had died and at about 4:30
PM, dead body of her husband was brought to the village on an
ambulance driven by one Ranjit Ram. During enquiry,
informant came to know that while doing some electrical work
at the house of co-accused Dipak Singh, her husband died.
4. Learned counsel for the petitioner submits that
from bare perusal of FIR, it is manifest that there is absolutely
no allegation of over act against this petitioner. He has been
made accused in this case merely on suspicion. Husband of the
informant died due to electric shock while doing some electrical
work in the house of co-accused Dipak Singh. Similarly situated
co-accused persons has already been granted bail by this
Hon’ble Court vide order dated 15.10.2025 in Cr. Misc. No.
55719 of 2025 .
5 . Learned A.P.P. for the State vehemently opposed
the bail application .
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.88256 of 2025(2) dt.10-02-2026
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amount each to the satisfaction of learned District and
Additional session Judge – V Patna City Patna in connection
with Gaurichak P. S. Case No. 323 of 2023 , subject to condition
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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