Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19267 of 2025 Arising Out of PS. Case No.-343 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== 1.

Md. Akbar Son of Tajuddin Resident of village- Haldiya Bokara and Doriya Ward no. 08, Ps- Simraha, Dist- Araria 2.

Md. Dilwar Son of Tajuddin Resident of village- Haldiya Bokara and Doriya Ward no. 08, Ps- Simraha, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-03-2026 Heard the learned counsel for the petitioner and the learned counsel for the State. Pursuant to the order dated 11.03.2026, the SHO of Forbesganj (Simraha) Police Station and the Investigation Officer are present and assisted the Court.

2. The petitioners apprehend arrest in connection with Forbesganj (Simraha) P.S. Case No. 343 of 2023 registered for offences under Sections 147, 148, 149, 341, 323, 324, 302, 120B, 504 and 506 of the Indian Penal Code.

3. According to the prosecution case, the petitioners, along with others, are accused of killing the deceased. The accused allegedly assaulted the deceased with a sword, knife, axe, and other weapons.

4. The I.O. of the case submits that sufficient evidence

Patna High Court CR. MISC. No.19267 of 2025(4) dt.18-03-2026 2/3 has come against the petitioners during the investigation.

5. Considering the nature and gravity of offence, this court is not inclined to grant the privilege of anticipatory bail to the petitioners in the present case.

6. Accordingly, this application for anticipatory bail is rejected.

7. The petitioners are directed to surrender in the concerned Court below within a period of two weeks from today and seek regular bail, failing which the Superintendent of Police, Araria will take all steps for the arrest of the petitioners.

8. It has been submitted by the SHO of Forbesganj (Simraha) Police Station and the I.O. of the case that the Chief Judicial Magistrate, Araria is not cooperating in issuing process against the accused persons and the police officers are being made to run again and again and the application for issuance of process is kept pending by the Chief Judicial Magistrate since 2025.

9. The Chief Judicial Magistrate should not delay the disposal of the applications filed by the Investigating Officers in various cases. The applications must be disposed of by him within one week of its filing and not beyond that.

10. The personal appearance of the officers is

Patna High Court CR. MISC. No.19267 of 2025(4) dt.18-03-2026 3/3 dispensed with.

11. Let a copy of this order be communicated to the Principal District & Sessions Judge, Araria and the Superintendent of Police, Araria through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U