Patna High Court
Sakina KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354B, 447, 504, 506
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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