Wasim Akram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41626 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Wasim Akram Son of Allauddin @ Alauddin R/o Vill.- Konhiya Tola Barkurwa, P.S.- Chakiya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Chakiya P.S. Case No. 214 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on added Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the accused persons including the petitioner have brutally assaulted informant's son Arbaz Alam and nephew Azad Ali by means of lathi, rod, farsa and sword due to which both of them sustained injuries and son of the informant died in course of his treatment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.41626 of 2025(3) dt.18-08-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there are total 12 named accused persons including the petitioner. No specific allegation of assault to the informant's son has been attributed against the petitioner rather specific allegation of assault to the deceased is against coaccused, namely, Abdullah. As per FIR, the allegation against the petitioner is of assaulting informant's nephew Azad Ali by means of sword, but it is pertinent to mention here that as per the injury report of the injured Azad Ali, it transpires that the injuries received by him are simple in nature. The petitioner is in custody since 19.03.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 19.02.2025 passed in Cr. Misc. No. 82512 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.41626 of 2025(3) dt.18-08-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chakiya P.S. Case No. 214 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T