Allowed

Nihal Akhtar v. The State of Bihar

Patna HC14 Oct 2025CR. MISC./70502/2025

Case brief

AI extract

What is this about?

Anticipatory bail application in a case of firing at the informant's house under BNS and Arms Act sections. Court noted cross-cases arising from a children's scuffle over cricket, clean antecedents, and granted anticipatory bail subject to conditions.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs.30,000/- within 4 weeks, subject to conditions under s.482(2) BNSS.

Nihal Akhtar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70502 of 2025

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Arising Out of PS. Case No.-99 Year-2025 Thana- SAKRI District- Madhubani

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======================================================

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Nihal Akhtar S/o Md. Jamil Akhtar R/o Village- Makrampur, P.S.- Sakri, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 14-10-2025

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Heard Learned Counsel for the petitioner, Learned

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APP for the State and learned counsel for the informant.

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The petitioner is apprehending arrest in connection with Sakri P.S. Case No.99 of 2025 lodged on 12.06.2025, for the offences punishable under Sections 126(2), 115(2), 329(3), 109, 303(2), 352, 351(2) (3), 3(5) of the B.N.S., 2023 read with sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

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As per the prosecution, FIR has been lodged against 12 named accused persons including the present petitioner with allegation that the petitioner along with other accused persons reached at the house of the informant and started abusing and fired 5-6 round by pistol upon the informant, but anyhow, informant’s party saved their life.

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Learned Counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.70502 of 2025(2) dt.14-10-2025 2/3

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petitioner is innocent and has committed no offence. Counsel also submits that both parties are resident of same village and they are children of both parties family who were playing cricket in the ground and scuffling took place among the children which resulted into case and counter-case from both the sides.

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Counsel submits that the criminal antecedent of the petitioner is clean. He further submits that the said cause of dispute has categorically mentioned in the FIR itself that the occurrence took place on 01.06.2025, dispute taken place between them and thereafter panchayati has also been taken place on 09.06.2025 and after panchayati, both cases have been lodged as parties are not ready to settle the dispute.

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Counsel further submits that petitioner is ready to fulfill all the condition whatsoever shall be imposed upon him.

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Learned counsel for the informant vehemently opposes the prayer for bail and submits that used cartridges have been recovered by the police and there is apprehension of commission of crime again at the hand of petitioner.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is case and countercase from the parties.

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Patna High Court CR. MISC. No.70502 of 2025(2) dt.14-10-2025 3/3

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As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Madhubani in connection with Sakri P.S. Case No.99 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

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It is made clear that if the petitioner shall involve in such type of dispute again in future, then in that case, his anticipatory bail shall be cancelled.

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(Dr. Anshuman, J.)

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Prakashmani/-

Nihal Akhtar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nihal Akhtar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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