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Patna High Court

Md. AkeelversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted at this stage and dismissed the petition for regular bail.

Summary

The petitioner, Md Akeel, was arrested in connection with a case (PS‑165/2025) alleging that he, along with two others, assaulted the son of an informant with a knife, causing multiple grievous injuries. He is charged under Sections 191(2), 191(3), 190, 115(2), 118(1) and 109 of the Bihar Penal Code and has been in judicial custody since 8 July 2025. The petitioner pleaded innocence, claimed a personal enmity between the parties and asserted that he has no prior criminal record, seeking regular bail. The State opposed bail, emphasizing the seriousness of the injuries and the alleged involvement of the petitioner. After hearing both sides, the Court declined to grant bail, stating that the petitioner may re‑apply after six months if the trial remains pending, and directed the trial court to expedite the proceedings.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving alleged grievous assault and multiple serious offences under the Bihar Penal Code.

Subjects

  • bail
  • regular bail
  • grievous hurt
  • assault with knife
  • criminal procedure
  • Bihar Penal Code
  • sections 191 190 115 118 109

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88865 of 2025
                      Arising Out of PS. Case No.-165 Year-2025 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Md. Akeel S/o Md. Mahfooz R/o Village- Madhuban Gote, PS- Bajpatti,
                 District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amit Kumar Jha, Advocate
                 For the Opposite Party/s :        Mrs. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Bajpatti P.S. Case No. 165 of 2025 instituted

                   for the offence under Sections 191(2), 191(3), 190, 115(2),

                   118(1) and 109 of BNS.

                                3. The case of the prosecution is that when the son of

                   the informant has gone to see the tajiya procession, the

                   petitioner along with two others has assaulted him with knife.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and committed no offence. He has further

                   submitted that there was enmity between the parties which is

                   clear from the FIR. A statement has been made in para-3 of this

                   petition that the petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.88865 of 2025(4) dt.09-04-2026
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          Moreover, he is languishing in judicial custody since

          08.07.2025.

                       5. In this case, the injury report was called for and

          from perusal of the injury report, it is clear that son of the

          informant, namely, Sakeel has received following injuries:-

                       (i) laceration in left fronto-parietal region 6 inch x 1

          inch into scalp deep

                       (ii) in mido-parietal bone of scalp 1 ½ inch x 1 inch

          deep.

                       (iii) laceration in right side of neck 2 inch x 1 inch

          deep muscle.

                       (iv) laceration in right ear upper 1 inch 1 inch deep.

                       (v) laceration in right hand upper 1 inch x 1 inch deep.

                       (vi) laceration in left hand and second forefinger.

                       (vii) lacerated wound on right shoulder.

                       6. The nature of injuries is opined to be grievous.

          From perusal of the injury report, it is clear that the petitioner

          along with two others has brutally assaulted with knife to the

          son of the informant.

                       7. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that there is allegation that injured was brutally
            Patna High Court CR. MISC. No.88865 of 2025(4) dt.09-04-2026
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                      assaulted by the petitioner and two others.

                                   8. Having heard the learned counsel for the parties

                      and considering the facts and cirumstances of this case as stated

                      above, this court is not inclined to enlarge the petitioner on bail

                      at this stage and, as such, his prayer for bail stands rejected.

                                   9. However, the petitioner will be at liberty to renew

                      his prayer for bail after six months if the trial is not concluded.

                                   10. Learned trial court is directed to expedite the trial.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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