Akabar Sah @ Akbar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46277 of 2025 Arising Out of PS. Case No.-281 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Akabar Sah @ Akbar Ali S/o Tayuub Sah @ Tahiri Sai R/o VillageShankarapur, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shubhangi Pandey, Advocate Mr. Anand Vardhan, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Baikunthpur P.S. Case no. 281 of 2023 registered under sections 307, 341, 323, 324, 354 and 504/34 of Indian Penal Code.
3. As per the prosecution case, over a dispute between children, it is stated that the six named accused persons including the petitioner herein came variously armed. On the orders of Gul Mohammed, it is stated that the petitioner gave a blow with a sword causing injury to the informant. On intervention of the co-villagers, he was saved.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46277 of 2025(3) dt.17-10-2025 2/3 from the contents of the FIR, it would transpire that the dispute giving rise to the occurrence was over a trivial matter relating to fight between the children. Further all the family members have been made accused. So far as the allegations on petitioner is concerned, besides the injury having been found to be simple in nature, it is submitted that as per the injury report, the same is said to be caused by hard and blunt substance which would normally not be an injury caused on the use of a sword. It is submitted that the petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the submissions made on behalf of the petitioner, the nature of injury having been found to be simple and the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Baikunthpur P.S. Case no. 281 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.46277 of 2025(3) dt.17-10-2025 3/3 like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gopalganj.
(Partha Sarthy, J) sauravkrsinha/- U T