Patna High Court
Gulshan KhatoonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5)
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
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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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