Md. Akbar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21837 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- DUMRA District- Sitamarhi ====================================================== 1.
Md. Akbar S/o- Late Bholu @ Late Md. Bholu R/v- Barharwa Ps- Dumra Dist- Sitamarhi 2.
Md. Lalbabu @ Md. Lalu S/o- Md. Akbar R/v- Barharwa Ps- Dumra DistSitamarhi 3.
Md. Guddu @ Md. Sabbir S/o- Md. Akbar R/v- Barharwa Ps- Dumra DistSitamarhi 4.
Tabsum Pravin @ Tabhasum Pravin W/o- Md. Wajir R/v- Barharwa PsDumra Dist- Sitamarhi 5.
Md. Sahida Khatoon @ Sahida Khatoon W/o- Md. Lalubabu @ Lalu R/vBarharwa Ps- Dumra Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP For the Informant :
Mr.Krishna Murari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2026 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Dumra P.S. Case No.01 of 2026 under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of the BNS, 2023.
3. As per the prosecution, FIR has been lodged against the seven accused persons including the petitioners with allegation that they have assaulted the informant's wife and
Patna High Court CR. MISC. No.21837 of 2026(2) dt.08-04-2026 2/3 daughter due to which injury took place. They have also snatched Rs.5000/- and threaten them.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in the present case. He further submits that the specific allegation is against petitioner No.1 that he has assaulted by sharp weapon.
5. Counsel submits that the criminal antecedent of the petitioners is clean. He further submits that petitioners and informant are resident of same village and well-known to each other. He further submits that there is case and counter-case between the parties.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that bail application of petitioners may be rejected as there is allegation of assault against all the accused persons.
7. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is nothing specific against petitioners except petitioner No.1.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner Nos.2 to 5 namely, Md. Lalbabu, Md Guddu, Tabsum Pravin, Md. Sahida
Patna High Court CR. MISC. No.21837 of 2026(2) dt.08-04-2026 3/3 Khatoon, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Sitamarhi or its successor Court, Sitamarhi, in connection with Dumra P.S. Case No.01 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
9. So far as the petitioner No.1, namely, Mr. Akbar is concerned, this Court is not inclined to grant anticipatory bail to the petitioner No.1, therefore the bail application of the petitioner Ns.1 is hereby rejected.
10. However, Trial Court is directed to consider the regular bail application of the petitioner No.1, namely, Mr. Akbar, if he surrender within six weeks from today and prays for regular bail, then Trial Court shall pass order on merit without being prejudice of the present order. (Dr. Anshuman, J) Prakashmani/- U T