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Patna High Court

Sabra KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to statutory conditions, as there were no specific allegations against them and they possessed a clean criminal antecedent.

Summary

The petitioners, Sabra Khatoon and Hakim Ansari, sought anticipatory bail fearing arrest in a case registered under Section 80/3(5) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) alleging the murder of an informant's daughter. The prosecution alleged that seven accused, acting in concert, committed the murder, but no specific allegation was made against the petitioners. The petitioners contended they were falsely implicated, had no criminal antecedent, and there was no direct charge of assault against them. The State opposed the grant of anticipatory bail. The Court, noting the clean antecedent of the petitioners, the absence of specific allegations, and that a co‑accused had already been granted anticipatory bail, ordered anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. 2023. The bail was conditioned on a Rs.10,000 bond, two sureties, cooperation with investigation, and verification of any concealed criminal antecedent.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S.S. when no specific allegation is made against them.
  • Whether the petitioners' clean antecedent and the grant of anticipatory bail to a co‑accused justify extending the same relief to them.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • clean antecedent
  • co‑accused
  • verification of antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10480 of 2026
                   Arising Out of PS. Case No.-192 Year-2025 Thana- Jagdishpur District- West Champaran
                 ======================================================
           1.     Sabra Khatoon W/o- Hakim Ansari @ Hakim Miyan Resident of Village-
                  Halkharwa PS- Jagdishpur, Dist- West Champaran
           2.    Hakim Ansari @ Hakim Miyan S/o- Late Hanif Miyan Resident of Village-
                 Halkharwa PS- Jagdishpur, Dist- West Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar Shrivastava
                 For the Opposite Party/s :        Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 80/3(5) of

                   B.N.S.S.

                                3. The prosecution case is to the effect that all the

                   seven named accused persons in connivance had killed the

                   daughter of the informant.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case.        He further submits that there is no specific

                   allegation against the petitioners of assault and the petitioners
Patna High Court CR. MISC. No.10480 of 2026(3) dt.01-04-2026
                                            2/3




          have no criminal antecedent, as statement made in para 3 of the

          bail application.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the fact that co-accused, Sagir Ansari, has

          already been granted privilege of anticipatory bail by order

          dated 25.02.2026 passed in Cr. Misc. No.10137 of 2026 and the

          petitioners have clean antecedent and also there is no specific

          allegation against any of the petitioners, this Court considers it

          appropriate to grant privilege of anticipatory bail.

                       7. Let the petitioners, as named above, in the event of

          their arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of the learned Chief Judicial Magistrate, West

          Champaran, Bettiah, in connection with Jagdishpur P.S. Case

          No. 192 of 2025,           subject to the conditions laid down under

          section 438(2) of the Code of Criminal Procedure/Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

          subject to further condition that :-

                       (i)   the     petitioners       shall   co-operate   in   the
            Patna High Court CR. MISC. No.10480 of 2026(3) dt.01-04-2026
                                                        3/3




                      investigation/trial.

                                   (ii) the learned Court would, however, verify the

                      criminal antecedent of the petitioners and in case, it is found that

                      the petitioners have concealed his criminal antecedent, the Court

                      below shall take steps for cancellation of bail-bond of the

                      petitioners. However, it is expected that the verification process

                      would be done expeditiously without causing any delay.




                                                                   (Alok Kumar Sinha, J)
sanjeev/-

U       T


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