Akbal Hussain @ Akbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11158 of 2025 Arising Out of PS. Case No.-374 Year-2024 Thana- AMAUR District- Purnia ====================================================== Akbal Hussain @ Akbal S/O Abdul Rahaman Resident of Vill.- Lahasara, P.SDalkhola, Distt.- Uttar Dinajpur (west Bengal ). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Prakash For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-111, 310(4), 310(5), 109, 121, 121(1), 125(a) of B.N.S. Act and Sections-25(1-B)(a), 26, 27, 35 of the Arms Act.

3. Prosecution case in short is that on the confidential information, the informant came to know that the notorious absconder criminal Md. Adil @ Babar @ Papad is conspiring to execute an occurrence and on this, the Superintendent of Police, Purnea constituted a team and proceeded to the place of occurrence. It is further alleged that a Scorpio was seen coming and while the police signalled the vehicle to stop, the criminals on the vehicle got down and started opening fire. The police caught six miscreants and one miscreant, Babar was found lying dead.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.11158 of 2025(3) dt.15-05-2025 2/2 the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted that the petitioner was owner of the vehicle whereby the miscreants/co-accused persons were travelling and they were intercepted by the police. During investigation, it has come that the miscreants had hired the vehicle of the petitioner. It has also been submitted that none has suffered any fire-arm injuries whereas there is allegation that the miscreants opened fire indiscriminately.

5. Learned APP has opposed the prayer for bail.

6. It appears that the petitioner is owner of the vehicle, in question and, the co-accused persons had hired his vehicle. The petitioner is in custody since 08-10-2024 and he is a person of clean antecedent.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Rahul Prakash, learned Judicial Magistrate-Ist Class, Purnea in connection with Amour P.S. Case No. 374 of 2024.

(Nawneet Kumar Pandey, J) A.K.V.//- U T