Md Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84756 of 2025 Arising Out of PS. Case No.-415 Year-2025 Thana- KANTI District- Muzaffarpur ====================================================== Md Akhtar Son of Md. Abdul @ Dilip Resident of Mohalla - Housing Colony, Ward No. - 10, P.S. - Kanti, District - Muzaffarpur, (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The State of Bihar Patna High Court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tejendra Sinha, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Kanti P.S. Case No. 415 of 2025 dated 18.08.2025 registered for the offence punishable under Section 309(4) of the B.N.S.

3. As per the prosecution case, the informant has alleged that while he was returning back from Muzaffarpur, four miscreants all of sudden stopped him and surrounded him and assaulted him with the butt of pistol. It is further alleged that the miscreants thereafter, robbed the informant of his cloths, mobile and purse containing Rs. 1200/- in cash and fled away.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has surfaced in

Patna High Court CR. MISC. No.84756 of 2025(2) dt.05-01-2026 2/3 the confessional statement of one Kushum Kumar. It has next been submitted that no incriminating article has been recovered from the conscious possession of the petitioner and whatever has been recovered, is from the possession of one Kushum Kumar. It is lastly submitted that the petitioner has one criminal antecedent and he is in custody since 10.09.2025.

5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, West Muzaffarpur in connection with Kanti P.S. Case No. 415 of 2025, subject to the following terms and conditions :- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner

Patna High Court CR. MISC. No.84756 of 2025(2) dt.05-01-2026 3/3 will liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Gautam/- U T