Ali Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50260 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- BARGAINIA District- Sitamarhi ====================================================== Ali Akhtar S/o Shekh Rafik @ Mohammad Rafik @ Shekh Rafiq R/o VillageBarwa Tola, Ward No. 3, P.S.- Bairgania @ Bairganiya, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Mr. Santosh Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Bairgania P.S. Case No. 87 of 2025 for the offence punishable under Sections 126(2), 115(2), 74, 109, 352, 351(2) and 3(5) of the BNS lodged on 04.05.2025 by the informant, Husneaara.
3. As per the prosecution story, the informant alleged that as the goat has entered the field of the petitioner, her daughter went to take her back when it is alleged that Ali Akhtar (petitioner herein) started abusing, mishandling and outraged her modesty. When the informant intervened, allegation is that the accused persons came armed variously and assaulted. The allegation against this petitioner is assaulting on the head and gave second blow as a result, she fell down.
Patna High Court CR. MISC. No.50260 of 2025(2) dt.11-08-2025 2/2
4. Learned Sessions Judge observation records that the injury on the hand led to fracture and has been brought in the category of grievous.
5. Though learned counsel for the petitioner tried to impress upon this Court the innocence, learned APP submits that it is not a case of single blow rather the petitioner gave second blow which is on record and the injury sustained by the informant has been found to be grievous in nature, in that background, this Court is not inclined to extend him the privilege of bail.
6. The bail application stands rejected.
(Rajiv Roy, J) Adnan/- U T