Akbar @ Akbar Khan @ Akbar Idris v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73887 of 2025 Arising Out of PS. Case No.-587 Year-2025 Thana- SHASTRINAGAR District- Patna ====================================================== Akbar @ Akbar Khan @ Akbar Idris S/o Late Shamim Khan R/o VillageApartment Flat No. 306, Madarsa Gali, Raja Bajar, P.S.- Shashtri Nagar, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pratik For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with Shastrinagar P.S. Case No. 587 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of the BNS.
3. Based upon the written report, the prosecution alleges that when the informant's wife along with her daughter and one another person went to the house of the petitioner to make them understand not to tease the daughter, the petitioner and others started abusing. It is specifically alleged that this petitioner assaulted the wife of the informant by means of butt of the pistol over her head due to which she sustained serious injury. There is further allegation against other accused persons of causing assault and abusing the informant and others. The
Patna High Court CR. MISC. No.73887 of 2025(3) dt.11-02-2026 2/3 reason behind such occurrence is said to be that the petitioner used to call the minor daughter of the informant and take her outside.
4. Learned Advocate for the petitioner submitted that the entire allegation falls to the ground for the simple reason that the injured, the wife of the informant, in her statement recorded in para-5 has categorically stated that it was coaccused Amjad, who had assaulted over her head due to which she sustained injury. The injury which is allegedly sustained to the informant's wife, the same has also been found to be simple in nature, as is evidence from the injury report and as discussed in para-34 of the case diary. The petitioner is said to be the person of clean antecedent and undertakes that he will fully cooperate in the proceeding of the court. The entire occurrence is said to have arisen on account of a suspected love affairs between the petitioner and the daughter of the informant. The false implication of the petitioner cannot be ruled out
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that there is specific accusation of assault against the petitioner.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note
Patna High Court CR. MISC. No.73887 of 2025(3) dt.11-02-2026 3/3 of statement of the injured, besides the nature of injury as well as the fair antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Patna/successor court in connection with Shastrinagar P.S. Case No. 587 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T