Patna High Court
Mousama KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under section 482(2) of the B.N.S.S.
Summary
The petitioners, Mousama Khatoon and Tohid Alam, applied for anticipatory bail in connection with a land‑dispute case (Paharkatta P.S. Case No. 117 of 2025) where they were alleged to have participated in assaults causing injuries, including a knife injury to the informant’s brother. The prosecution charged them under several sections of the B.N.S., 2023, notably sections 115(2), 126(2), 109(1), 74, 351(2), 352 and 303(2) read with section 3(5). The petitioners contended that the allegations against them were vague, that they had no specific role in the injuries, and that they possessed a clean antecedent, emphasizing that one petitioner is a woman. The State and the informant opposed bail, pointing to a recent order refusing anticipatory bail to co‑accused in a similar case (Cr. Misc. No. 8184 of 2026). The court held that the accusations were non‑specific, the petitioners had no prior record, and therefore granted anticipatory bail subject to monetary and personal‑surety conditions under section 482(2) of the B.N.S.S. The bail order required the petitioners to surrender within eight weeks and to appear at all court dates as directed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under section 482(2) of the B.N.S.S. given the nature of the allegations.
- Whether the allegations against the petitioners are sufficiently specific to justify denial of bail.
- Whether the petitioners’ gender and clean antecedent warrant a more lenient bail disposition.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- section 482
- criminal procedure
- land dispute
- gender
- clean antecedent
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13597 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- PAHARKATTA District- Kishanganj
======================================================
1. Mousama Khatoon W/o Satibur Rahman @ Manglu, R/o Vill - Khajurbari,
Ward No. 1, P.S.- Paharkatta, Distt.- Kishanganj.
2. Tohid Alam @ Tohid @ Touhid Alam S/o Afta, R/o Vill - Khajurbari, Ward
No. 1, P.S.- Paharkatta, Distt.- Kishanganj.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Rajeev Ranjan, Advocate
For the State : Mr. Syed Mojibur Rahman, APP
For the Informant : Ms. Rachna Rani, Advocate (AUIN No. 104192)
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. In the present case, the petitioners are
apprehending their arrest in connection with Paharkatta P.S.
Case No. 117 of 2025, registered for the offences punishable
under Sections 115(2), 126(2), 109(1), 74, 351(2), 352 and
303(2) read with Section 3(5) of the B.N.S., 2023.
3. As per prosecution case, in the background of
land dispute the petitioners and other co-accused persons
assaulted the informant and his family members causing a
number of injuries to them. The allegation against the
petitioners and other co-accused persons is that they put down
the brother of the informant and inflicted knife injury on the
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testicles of the informant’s brother.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they have falsely been
implicated in this case. Petitioner no. 1 is a lady and the only
allegation against her is that she along with other co-accused
persons put down the brother of the informant who was then
assaulted with knife by some other co-accused person.
Otherwise, the allegation against the petitioners are general and
omnibus. Land dispute between the parties is an admitted fact
and informant wanted to grab the land of the petitioners forcibly
and for this reason some altercation took place between them.
From the facts of the case it is apparent that no offence under
Section 109(1) or Section 303(2) of the B.N.S. 2023, is made
out against the petitioners. The whole occurrence took place on
the spur of the moment. Learned counsel lastly submits that the
petitioners are having clean antecedent.
5. Learned A.P.P. as well as learned counsel for the
informant vehemently oppose the submissions made on behalf
of the petitioners. Learned counsel for the informant submits
that similarly placed co-accused against whom there is similar
nature of allegation as is against the petitioner, Mousama
Khatoon, namely Anjar Alam and Sohrab Alam have been
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refused the privilege of anticipatory bail by a learned co-
ordinate Bench of this Court vide order dated 24.02.2026 passed
in Cr. Misc. No. 8184 of 2026.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that petitioner no. 1 is a lady and there is no specific
allegation of causing injury either against petitioner no. 1 or
against petitioner no. 2, Tohid Alam and further considering the
fact that the allegation levelled against the petitioners are
general and non-specific and also taking into account their clean
antecedent, let the petitioners above-named, in the event of their
arrest or surrender before the Court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Kishanganj, in connection
with Paharkatta P.S. Case No. 117 of 2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
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every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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