Akbar Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4526 of 2026 Arising Out of PS. Case No.-296 Year-2025 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Akbar Abbas Son of Mahkqul Abbas R/O Village - Saraiya, Ward No. 1, P.S.- Gopalganj Town, Dist.- Gopalganj.

2.

Khalid Abbas @ Khalida Abbas Son of Mahkqul Abbas R/O- Saraiya, Ward No. 1, P.S.- Gopalganj Town, Dist. - Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 318(4), 316(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that informant along with his friend Ranjan Kumar, transferred Rs. 3 lacs in the account of petitioner no. 1 for obtaining an arms license and thereafter, these petitioners took additional Rs. 2 lacs in cash for the process. It is alleged that even after six months, these petitioners did not provide any license to the informant and when he demanded his money back, these petitioners refused to

Patna High Court CR. MISC. No.4526 of 2026(4) dt.06-04-2026 2/3 provide the same and threatened to kill him.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. As a matter of fact, Rs. 3 lacs were transferred in the account of petitioner no. 1 out of which Rs. 2,43,000/- have already been paid to the informant through bank transfers on different dates, all of which are duly reflected in the bank statement of petitioner no. 1 (Annexure-P/3). He further submits that apart from the repayments made through bank transfers, petitioners have also paid Rs. 24,000/- and Rs. 36,000/- on 6.10.2024 and 08.10.2024 respectively, in cash to the informant and they are ready to pay rest of the amount of Rs. 57,000/- to the informant. Petitioners claim clean antecedent.

5. Considering the aforesaid contention made on behalf of the petitioners, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P. S. Case No. 296 of 2025, subject to conditions as laid down under

Patna High Court CR. MISC. No.4526 of 2026(4) dt.06-04-2026 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with direction to the petitioners that :- (i) Petitioners shall deposit Rs. 57,000/- (Rs. Fifty Seven Thousand) through Bank Draft in the Nazarat of the court concerned and produce its receipt at the time of furnishing bailbond, failing which, the learned court below shall be at liberty to cancel the bail-bond.

(Prabhat Kumar Singh, J) Navya/- U T