Patna High Court
Md. Akbar @ AkbarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Md. Akbar, sought anticipatory bail after learning that he might be arrested in a case (PS Aurai, Case No. 147 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault on an informant. He contended that the allegations were general and omnibus, with no specific overt act attributed to him, and asserted a clean antecedent. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the nature of the accusation and the petitioner’s clean record, and concluded that the lack of specific allegations did not justify denial of bail. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the accusation is general and omnibus with no specific overt act alleged against the petitioner
- Whether the petitioner’s clean antecedent warrants the grant of bail despite the seriousness of the offences alleged
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
Subjects
- anticipatory bail
- omnibus accusation
- clean antecedent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91608 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Md. Akbar @ Akbar S/o- Late Md. Jahir village- Rajkhand PS- Aurai District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Ms. Bela Singh, Advocates
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner along with other
F.I.R. named and 20-25 unnamed accused persons abused and
assaulted informant as a result of which he sustained grievous
injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of any overt act against the petitioner. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.91608 of 2025(2) dt.19-01-2026
2/2
the bail application.
6. Considering general and omnibus accusation and
clean antecedent, 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
amount each to the satisfaction of Court No. 3, Judicial
Magistrate, 1st Class, East Muzaffarpur in connection with Aurai
P. S. Case No. 147 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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