Noorjahan KhatoonversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10946 of 2026
                   Arising Out of PS. Case No.-329 Year-2025 Thana- RAXAUL District- East Champaran
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                 Noorjahan Khatoon S/o Suleman Ansari Resident of Village-Nauka Tola, P.S.-
                 Raxaul, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Raxaul P.S. Case No. 329 of 2025, dated 27.07.2025,

                   lodged under Sections 126(2), 115(2), 118(1), 109(1), 352 and

                   3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to

                   as “BNS, 2023”).

                                3. As per the prosecution, the FIR has been lodged

                   against seven named accused persons, including the present

                   petitioner. The allegation against the petitioner is that she, along

                   with other accused persons, entered into the house of the

                   informant and threw chilly powder in her eyes. Subsequently,

                   they started assaulting the informant with sharp cutting weapons

                   and iron weapons, due to which injuries were caused to the
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          informant. Subsequently, an allegation has also been made that

          they all assaulted the informant with lathi.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that from the contents of the FIR, it becomes

          crystal clear that a dispute has taken place between the

          informant’s side and the petitioner’s side regarding the

          agriculture of Raher. Counsel further submits that the allegation

          is incorrect and false. Both the petitioner’s side and the

          informant’s side are residents of the same village. Counsel

          further submits that for the same date and place of occurrence,

          there is a case and counter-case between the parties. Counsel

          further submits that the criminal antecedent of the petitioner is

          not clean, as there is one criminal case pending against her.

          Counsel further submits that the petitioner is aged about 45

          years and is ready to fulfill all the conditions whatsoever shall

          be imposed by this Court.

                       5. Learned APP for the State, on the other hand,

          opposes the prayer for bail of the petitioner but fairly submits

          that the allegation is not specific, rather, there is a general and

          omnibus allegation against the petitioner. Counsel further fairly

          submits that the injury has been caused by a hard and blunt
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                    substance, which is simple in nature.

                                 6. 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

                    Trial Court 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 S.D.J.M., East Champaran, Motihari, in

                    connection with Raxaul P.S. Case No. 329 of 2025, subject to

                    the conditions as laid down U/s 482(2) of the BNSS, 2023 with

                    other following conditions:-

                                 (i) one of the bailor should be the family member of

                    the petitioner who shall provide official document to show his

                    bona fide;

                                 (ii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his bail

                    bonds by the Trial Court itself.


                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T