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Patna High Court

Sakina KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners, having clean antecedents and facing only prima facie allegations, are entitled to pre‑arrest bail under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioners, four women residents of Gad Bahuari village, applied for pre‑arrest bail in a case (Palanwa PS Case No. 14 of 2024) involving offences under IPC sections 147, 148, 149, 447, 341, 323, 307, 354B, 504, 506 and Section 27 of the Arms Act. The FIR alleges that they assaulted the informant and her family, causing injuries. The petitioners contended that they are innocent, that a case‑and‑counter‑case exists between the parties, and that the allegations are general and omnibus; they also highlighted their clean antecedents. The State opposed the bail. The court, after considering the FIR and the submissions, found that the petitioners had made out a prima facie case for bail and ordered their release on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC and verification of any other criminal antecedents.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the IPC and Arms Act charges.
  • Whether the presence of a case‑and‑counter‑case and the petitioners' clean antecedents justify granting bail.
  • Whether the allegations in the FIR constitute a sufficient ground to deny pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • IPC offences
  • case and counter case
  • clean antecedents
  • Section 482 CrPC
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11599 of 2026
                   Arising Out of PS. Case No.-14 Year-2024 Thana- PALANWA District- East Champaran
                 ======================================================
           1.     Sakina Khatoon Daughter of Md. Hassan Khan @ Hassan Khan
           2.    Isrun Nesha Wife of Majhar Khan
           3.    Nuresha Khatoon Wife of Majhar Khan
           4.    Hasina Khatooon Wife of Md. Hassan Khan @ Hassan Khan
                 All are Resident of Village - Gad Bahuari, P.S. - Palanwa, District - East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                     Heard Mr. Madhurendra Kumar, learned counsel

                   appearing on behalf of the petitioners and Mr. Jitendra Kumar

                   Singh, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Palanwa P.S. Case No. 14 of 2024 registered for the

                   offence(s)                 punishable              under                  Sections

                   147,148,149,447,341,323,307,354B,504,506,                   of      the    Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. As per the allegation made in the FIR, the accused

                   persons named therein including the petitioners assaulted the

                   informant and her family members, causing injuries to them.
Patna High Court CR. MISC. No.11599 of 2026(2) dt.12-03-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. Learned counsel

          further submitted that the petitioners and informant are co-

          villagers and there is case and counter case between them for

          the same occurrence, in which, both the sides have sustained

          injuries.    Allegation against the petitioners       is general and

          omnibus. Petitioners have clean antecedents. On these grounds,

          petitioners seek to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and also the fact that there is case and counter case

          between the parties and general and omnibus allegation has

          been levelled against the petitioners, who are having clean

          antecedents, I am of the opinion that petitioners have, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioners, above named, are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-
           Patna High Court CR. MISC. No.11599 of 2026(2) dt.12-03-2026
                                                       3/3




                     (Rupees Ten         Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned Sub-Divisional

                     Judicial Magistrate, Raxaul, East Champaran, Motihari /

                     Concerned Court in connection with Palanwa P.S. Case No. 14

                     of 2024, subject to the conditions as laid down under Section

                     482(2) of the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.




                                               (Purnendu Singh, J)

Sanjay/-

U      T


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