Patna High Court
Nasima KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000, two sureties, and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Nasima Khatoon and Sheikh Mitthu, sought bail fearing arrest in a land‑dispute case (PS‑Amdabad Case No.300 of 2025) alleging multiple offences under the BNS. The prosecution alleged that the petitioners and co‑accused damaged the informant’s boundary, assaulted the informant’s family, and caused injuries, including a head injury to the informant’s wife. The petitioners contended they were falsely implicated, highlighted that the medical report showed a simple laceration inconsistent with a sharp‑weapon injury, and pointed out that a compromise petition had been filed and they had clean antecedents. The State opposed the bail application. Considering the lack of serious injury, the compromised nature of the dispute, and the petitioners’ relationship to the co‑accused, the court granted bail on a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners in view of the alleged offences and the nature of injuries.
- Whether the compromise between parties and the absence of serious injury justify bail under Section 482(2) of the BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- land dispute
- assault
- false implication
- compromise
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14882 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- AMDABAD District- Katihar
======================================================
1. Nasima Khatoon W/o Sheikh Chhotu R/o Pacchim Tola, PS- Amdabad,
Distt- Katihar
2. Sheikh Mitthu 2 Md. Mithun S/o Sheikh Chhotu R/o Pacchim Tola, PS-
Amdabad, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Amdabad P.S. Case No.300 of 2025
registered for the alleged offences under Section 126(2), 115(2),
118(1), 109, 352, 351(2), 351(3), 324(4), 117(2), 3(5) of the BNS
03. As per prosecution case, petitioners and other
coaccused persons damaged the boundary of the informant in the
background of land dispute and assaulted the informant and his
family members. The allegation against the petitioner Sheikh
Mitthu is that he gave hasua blow on the head of the wife of the
informant causing a cut injury whereas coaccused gave an iron rod
blow to the son of the informant on his forehead and they also
Patna High Court CR. MISC. No.14882 of 2026(2) dt.03-04-2026
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assaulted the informant on his shoulder causing its fracture.
04. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. The informant and the coaccused Sheikh Chhotu are brothers
and petitioner no. 1 is the wife of the coaccused whereas petitioner
no. 2 is his son. Though there is allegation against petitioner no. 2
of causing a hasua injury on the head of the wife of the informant
but her injury report shows a lacerated wound on the occipital
region of the head of size 6x4x2 cm which shows the allegation is
false of causing injury by a sharp cutting weapon. Moreover, the
injury report on all three injured shows simple injury. There was
no intention to cause death of any person. The matter has been
compromised between the parties and a compromise petition has
been filed before the court of learned JM, Katihar. Learned
counsel further submits that the petitioners are having clean
antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
absence of injury attributed to the petitioner no. 2 and also
considering the non-serious nature of allegation against the
petitioners and the relationship of the parties, let the petitioners
Patna High Court CR. MISC. No.14882 of 2026(2) dt.03-04-2026
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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 bond of Rs. 10,000/- (Rupees
Ten Thousand Only) each with two sureties of the like amount
each to the satisfaction of learned Court of learned CJM, Katihar
in connection with Amdabad P.S. Case No.300 of 2025, subject to
the condition laid down under Section 482(2) of the BNSS 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 every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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