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Patna High Court

Gulshan KhatoonversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioners be released on bail subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, Gulshan Khatoon and Phooto Khatoon, sought bail fearing arrest in a case (PS Case No. 239/2025) involving alleged assault, robbery and damage to property under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that the accused, including the petitioners, cut a mango tree, entered the informant’s house armed with iron rods, swords and dandas, assaulted him and stole a gold mangalsutra and earrings. The petitioners contended they are innocent, have clean antecedents, and that the allegations are vague, arising from a neighbour dispute with a counter‑case. The State opposed bail, citing the seriousness of the offences. The Court, after considering the facts, granted bail on the condition of a ₹30,000 bond per petitioner, subject to verification of criminal antecedents and compliance with Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioners under the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the nature of the alleged offences.
  • Whether the allegations in the FIR are sufficiently specific to justify denial of bail.
  • Whether the petitioners’ clean antecedent record warrants bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • assault
  • theft
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15428 of 2026
                   Arising Out of PS. Case No.-239 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
           1.     Gulshan Khatoon W/o Chetu Nadaf R/o Village- Mohanpur, Ward no.7, P.S.-
                  Singhwara, District- Darbhanga
           2.    Phooto Khatoon W/o Hasnain @ Husnain Nadaf R/o Village- Mohanpur,
                 Ward no.7, P.S.- Singhwara, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dhirendra Narain Mallik, Advocate
                 For the Opposite Party/s :      Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners who apprehend arrest in connection

                   with Singhwara P.S. Case No. 239/2025 lodged on 07.09.2020,

                   for the offences punishable under sections 126(2), 115(2), 109,

                   303(2), 329(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against four named accused persons, including the petitioner. It

                   is alleged therein that accused Hasnain Nadeef cut the mango

                   tree of the informant. Upon protest being made, all the accused

                   persons allegedly entered the house of the informant, armed

                   with iron rods, swords, and dandas, and assaulted him. It is
Patna High Court CR. MISC. No.15428 of 2026(2) dt.25-03-2026
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          further alleged that the accused persons snatched a gold

          mangalsutra from the wife of the informant and gold earrings

          from the mother of the informant.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence. It is

          submitted that from the allegations, it is clear that the parties are

          adjacent neighbours and well known to each other. Learned

          counsel further submits that for the same date and place of

          occurrence, there is a case and counter-case between the parties.

          Moreover, the allegations are not specific in nature but are

          general and omnibus. The petitioners have clean antecedents

                       5. Learned APP for the State opposes the prayer for

          bail.

                       6. In the facts and circumstances of the case, let the

          above-named petitioners be released on bail, in the event of

          their arrest or surrender before the Trial Court within a period of

          four weeks from today, on furnishing bail bond of ₹30,000/-

          (Rupees Thirty Thousand only) each, as mentioned in Section

          2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the

          satisfaction of the learned ACJM-VII, Darbhanga, in connection

          with the aforementioned case, subject to the conditions as laid

          down under Section 482(2) of the Bharatiya Nagrik Suraksha
            Patna High Court CR. MISC. No.15428 of 2026(2) dt.25-03-2026
                                                        3/3




                      Sanhita, 2023.

                                   7. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the trial Court shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T


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