Patna High Court
Sabra KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2), 80/3(5)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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